VICTORY HOUSE GENERAL PARTNER LTD v RGB P&C LTD

[2018] EWHC 102 (TCC), Technology and Construction Court, Miss Joanna Smith QC sitting as a Deputy High Court Judge, 26 January 2018

Appropriateness of use of Part 8 CPR – Enforcement of decision of adjudicator – Alleged breach of principles of natural justice

The claimant sought a declaration that the decision of an adjudicator was invalid for breach of the principles of natural justice together with declarations which related directly to the substance of the decision of the adjudicator. The Deputy High Court Judge declined to grant the declarations sought on the ground that this was not an appropriate case to bring a claim pursuant to Part 8 of the CPR because it included matters of disputed fact. In this respect she followed the decision of Jefford J in Merit Holdings Ltd v Michael J Lonsdale Ltd [2017] EWHC 2450 (TCC) where Jefford J observed that reliance on Part 8 was likely to lead to the court arriving at ill-formulated or ill-informed decisions. With the exception of the claim in respect of a breach of the principles of natural justice (which was dealt with in the context of the defendant's claim to be entitled to enforce the decision of the adjudicator) this was a case where Part 7 was the more appropriate route to address the claims brought by the claimant.