Rsl (South West) Ltd. v Stansell Ltd.

Rsl (South West) Ltd. v Stansell Ltd.

The adjudicator's decision was reached in breach of the rules of natural justice because the final report of the expert, Mr. Adie, was not disclosed to the parties for comment before the decision was made. This breach invalidated the decision, which cannot be enforced, and no part of the decision is severable or enforceable independently.

Parties
Claimant: RSL (South West) Limited; Defendant: Stansell Limited
Jurisdiction
England and Wales
Judgment Date
16 June 2003
Procedural Posture
Commercial/construction Dispute / Application for Summary Judgment or Interim Payment
Outcome
Application for summary judgment and interim payment dismissed; action dismissed
Legal Topics
Adjudication Enforcement, Natural Justice, Contractual Interpretation, Summary Judgment, Interim Payment
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Contractual Interpretation Summary Judgment Interim Payment

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Parties

RSL (South West) Limited

Claimant

Stansell Limited

Defendant

Procedural Posture

Commercial/construction Dispute / Application for Summary Judgment or Interim Payment

Legal Issues

  1. 1 Whether the adjudicator's decision is enforceable given alleged breaches of natural justice
  2. 2 Whether failure to provide parties with the final report of the adjudicator's expert invalidates the decision
  3. 3 Whether any part of the adjudicator's decision can be severed and enforced if another part is invalid

Ratio Decidendi

The adjudicator's decision was reached in breach of the rules of natural justice because the final report of the expert, Mr. Adie, was not disclosed to the parties for comment before the decision was made. This breach invalidated the decision, which cannot be enforced, and no part of the decision is severable or enforceable independently.

Court Disposition

Application for summary judgment and interim payment dismissed; action dismissed

Orders

  • Application for summary judgment dismissed
  • Application for interim payment dismissed