ADJUDICATION AND THE SCOPE OF THE ‘SLIP’ RULE

YCMS Ltd (trading as Young Construction Management Services) v Grabiner [2009] EWHC 127 (TCC), [2009] BLR 211

In YCMS Ltd (trading as Young Construction Management Services) v Grabiner [2009] EWHC 127 (TCC), [2009] BLR 211 Mr Justice Akenhead held that ‘the slip rule’, which enables adjudicators to correct patent errors in their decisions, did not permit the adjudicator to change his decision in the light of his reflections subsequent to the issue of his decision. This being the case, the scope of the slip rule is a narrow one. In particular, the rule does not permit adjudicators to give effect to their second thoughts and the time available to make corrections is very limited. Finally, Mr Justice Akenhead held that the defendants were not entitled to set off against sums due to the claimant under the first of what turned out to be three adjudications between the parties, a sum which an adjudicator had ordered the claimant to pay to the defendants under the third adjudication between the parties.