ADJUDICATION, NOMINATIONS AND APPARENT BIAS

Makers UK Ltd v The Mayor and Burgesses of the London Borough of Camden [2008] EWHC 1836 (TCC), [2008] BLR 470

In Makers UK Ltd v The Mayor and Burgesses of the London Borough of Camden [2008] EWHC 1836 (TCC), [2008] BLR 470 Mr Justice Akenhead declined to imply a term into a contract between parties to an adjudication that ‘neither party may seek to influence unilaterally the nominator’s determination regarding the identity of an adjudicator, by making unilateral representations to the nominator concerning whom he should nominate or otherwise’. In his judgment it was not necessary to imply such a term into the contract. Further he held that there was no appearance of bias on the part of the adjudicator. Nevertheless, his judgment does contain warnings about the risks of unilateral contacts with adjudicators and he provides guidance which may help substantially to reduce such risks.