NATURAL JUSTICE AND THE JURISDICTION OF THE COURT IN AN ONGOING ADJUDICATION

The Dorchester Hotel Ltd v Vivid Interiors Ltd [2009] EWHC 70 (TCC), [2009] BLR 135

In The Dorchester Hotel Ltd v Vivid Interiors Ltd [2009] EWHC 70 (TCC), [2009] BLR 135 Mr Justice Coulson held that the court has jurisdiction to grant a declaration in an ongoing adjudication if it considers there has been or will be a breach of natural justice which will have a significantly prejudicial effect on the responding party. However, this jurisdiction will be exercised very sparingly and so cases in which courts will intervene in this way will be rare. On the facts of the case it was held not to be appropriate to grant such a declaration, although it was held that the claimant remained free to resist enforcement of any decision in the future by reason of any alleged breaches of natural justice.