BABCOCK MARINE (CLYDE) LTD AGAINST HS BARRIER COATINGS LTD [2019] ScotCS CSOH_110 (27 December 2019)

BABCOCK MARINE (CLYDE) LTD AGAINST HS BARRIER COATINGS LTD [2019] ScotCS CSOH_110 (27 December 2019)

The adjudicator's reasons were sufficient and disclosed the basis for his decision; there was no failure to consider a material defence; however, the defender's averments regarding undisclosed quantity surveyor assistance and potential breach of natural justice are not irrelevant and require inquiry to determine materiality; the defence is not bound to fail without further investigation.

Citation
[2019] ScotCS CSOH_110
Parties
Pursuer: Babcock Marine (Clyde) Limited; Defender: HS Barrier Coatings Limited
Jurisdiction
Scotland
Judgment Date
27 December 2019
Procedural Posture
Commercial Action (enforcement of Adjudicator's Award) / Debate on Relevancy of Averments/preliminary Pleas
Outcome
Case put out by order for further procedure and to discuss appropriate interlocutor and expenses; no final decree pronounced.
Legal Topics
Adjudication Enforcement, Natural Justice, Reasons for Decision, Breach of Contract, Termination of Contract
Construction Law Contract Law Civil Procedure Adjudication Enforcement Natural Justice Reasons for Decision Breach of Contract Termination of Contract

Case Brief

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Parties

Babcock Marine (Clyde) Limited

Pursuer

HS Barrier Coatings Limited

Defender

Procedural Posture

Commercial Action (enforcement of Adjudicator's Award) / Debate on Relevancy of Averments/preliminary Pleas

Legal Issues

  1. 1 Whether the adjudicator's decision is unenforceable due to failure to give adequate reasons
  2. 2 Whether the adjudicator failed to consider a material line of defence
  3. 3 Whether there was a material breach of natural justice due to undisclosed assistance from a quantity surveyor

Ratio Decidendi

The adjudicator's reasons were sufficient and disclosed the basis for his decision; there was no failure to consider a material defence; however, the defender's averments regarding undisclosed quantity surveyor assistance and potential breach of natural justice are not irrelevant and require inquiry to determine materiality; the defence is not bound to fail without further investigation.

Court Disposition

Case put out by order for further procedure and to discuss appropriate interlocutor and expenses; no final decree pronounced.

Orders

  • Case to be put out by order to discuss interlocutor, further procedure, and expenses.
  • Inquiry required into the nature and materiality of the quantity surveyor's assistance to the adjudicator.