Ballast Plc v The Burrell Company (Construction Management) Ltd [2001] ScotCS 159 (21 June 2001)

Ballast Plc v The Burrell Company (Construction Management) Ltd [2001] ScotCS 159 (21 June 2001)

The adjudicator failed to decide the dispute referred to him, namely the amount due and payable under the contract. His purported decision that he could not decide was not a valid decision within the meaning of the Scheme. As such, the decision was a nullity and not binding on the parties.

Citation
[2001] ScotCS 159
Parties
Petitioner: Ballast Plc; Respondent: The Burrell Company (Construction Management) Ltd
Jurisdiction
Scotland
Judgment Date
21 June 2001
Procedural Posture
Judicial Review / Opinion of Outer House, Court of Session
Outcome
Petition granted; adjudicator's decision reduced as a nullity.
Legal Topics
Adjudication Under Construction Contracts, Jurisdiction of Adjudicator, Judicial Review of Adjudicator's Decision, Enforcement of Adjudicator's Decision, Interpretation of Statutory Schemes
Construction Law Contract Law Administrative Law Adjudication Under Construction Contracts Jurisdiction of Adjudicator Judicial Review of Adjudicator's Decision Enforcement of Adjudicator's Decision Interpretation of Statutory Schemes

Case Brief

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Parties

Ballast Plc

Petitioner

The Burrell Company (Construction Management) Ltd

Respondent

Procedural Posture

Judicial Review / Opinion of Outer House, Court of Session

Legal Issues

  1. 1 Whether the adjudicator failed to decide the dispute referred to him under the Scheme for Construction Contracts (Scotland) Regulations 1998
  2. 2 Whether an adjudicator's decision that he cannot decide is a valid 'decision' under the Scheme
  3. 3 Whether such a decision is binding and enforceable or a nullity

Ratio Decidendi

The adjudicator failed to decide the dispute referred to him, namely the amount due and payable under the contract. His purported decision that he could not decide was not a valid decision within the meaning of the Scheme. As such, the decision was a nullity and not binding on the parties.

Court Disposition

Petition granted; adjudicator's decision reduced as a nullity.

Orders

  • Declarator that the adjudicator failed to make a decision in respect of the dispute referred
  • Reduction of the adjudicator's decision as a whole