ADJUDICATOR’s ERROR DID NOT RELATE TO HIS JURISDICTION

C & B Scene Concept Design Ltd v Isobars Ltd [2002] EWCA Civ 46 (unreported, Court of Appeal, 31 January 2002)

In C & B Scene Concept Design Ltd v Isobars Ltd [2002] EWCA Civ 46 (unreported, Court of Appeal, 31 January 2002) it was held, allowing an appeal from the decision of Mr Recorder Moxon-Browne QC, that any error of law made by the adjudicator was not one that went to his jurisdiction. In so far as an error had been made it related to a matter that was within his jurisdiction. On the facts of the case there was agreement between the parties as to the scope of the dispute so that it could not be said that the adjudicator had purported to decide a matter that had not been referred to him. This being the case, the adjudicator had not made an error as to his jurisdiction and the claimant was entitled to summary judgment of the adjudicator’s award.