Watson Building Services Ltd, Re Application For Judicial Review [2001] ScotCS 60 (13 March 2001)

Watson Building Services Ltd, Re Application For Judicial Review [2001] ScotCS 60 (13 March 2001)

The adjudicator was validly appointed under the statutory Scheme as the sub-contract did not incorporate Act-compliant adjudication provisions; the adjudicator had jurisdiction to determine disputes about his own appointment and authority as the issue was referred to him; the adjudicator's decision is binding until final determination by court or arbitration.

Citation
[2001] ScotCS 60
Parties
Petitioner: Watson Building Services Limited; First Respondent: Graham Harrison, Jackson Rowe Associates; Second Respondent: Miller (Preservation) Limited
Jurisdiction
Scotland
Judgment Date
13 March 2001
Procedural Posture
Judicial Review / Final Judgment
Outcome
petition refused
Legal Topics
Adjudication, Contract Interpretation, Statutory Scheme, Jurisdiction of Adjudicator, Incorporation of Standard Terms
Construction Law Contract Law Administrative Law Adjudication Contract Interpretation Statutory Scheme Jurisdiction of Adjudicator Incorporation of Standard Terms

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Parties

Watson Building Services Limited

Petitioner

Graham Harrison, Jackson Rowe Associates

First Respondent

Miller (Preservation) Limited

Second Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the adjudicator was validly appointed under the statutory scheme
  2. 2 Whether the sub-contract incorporated adjudication provisions compliant with section 108 of the Housing Grants, Construction and Regeneration Act 1996
  3. 3 Whether the adjudicator had jurisdiction to determine his own appointment and authority

Ratio Decidendi

The adjudicator was validly appointed under the statutory Scheme as the sub-contract did not incorporate Act-compliant adjudication provisions; the adjudicator had jurisdiction to determine disputes about his own appointment and authority as the issue was referred to him; the adjudicator's decision is binding until final determination by court or arbitration.

Court Disposition

petition refused

Orders

  • first plea-in-law for petitioners repelled
  • second plea-in-law for first respondent sustained