DOWNS ROAD DEVELOPMENT LLP v LAXMANBHAI CONSTRUCTION (UK) LTD

[2021] EWHC 2441 (TCC), Technology and Construction Court, His Honour Judge Eyre QC, 7 September 2021

Adjudication – Validity of payment notice – Breach of natural justice – Severance

The claimant employer brought Part 8 proceedings in order to challenge the enforceability of the decision of an adjudicator, while at the same time seeking to sever a part of the decision and maintain that part of the decision remained binding on the parties. The defendant contractor for its part maintained that the decision of the adjudicator was enforceable but that in any event it was entitled to payment of the sum set out in its interim application for payment.