ADJUDICATION: SAME OR SUBSTANTIALLY SIMILAR DISPUTE?

Birmingham City Council v Paddison Construction Ltd [2008] EWHC 2254 (TCC), 25 September 2008

In Birmingham City Council v Paddison Construction Ltd [2008] EWHC 2254 (TCC), 25 September 2008, Judge Kirkham held that the dispute referred to a second adjudication was the same, or substantially the same, as the dispute which had previously been referred to an adjudication. She held that the adjudicator in the first adjudication had made a decision on the matters referred to him and that that decision had a binding effect on a temporary basis on the parties. This being the case, it followed that the adjudicator in the second adjudication had no jurisdiction to act as an adjudicator and so must resign and/or any decision reached by him would be a nullity and unenforceable.