ADJUDICATION, PROPER SERVICE OF THE NOTICE OF REFERRAL AND NATURAL JUSTICE

Primus Build Ltd v Pompey Centre Ltd [2009] EWHC 1487 (TCC), [2009] All ER (D) 14 (Jul)

In Primus Build Ltd v Pompey Centre Ltd [2009] EWHC 1487 (TCC), [2009] All ER (D) 14 (Jul), Mr Justice Coulson rejected the submission that a notice of adjudication had not been served in accordance with the requirements of the contract. But he did point out that, if the service had been invalid, it would have deprived the adjudicator of jurisdiction. It is therefore vital to ensure that a notice is validly served. He also held that there had been a breach of the rules of natural justice in that the adjudicator had based his decision on a point which both parties had agreed was irrelevant and he had failed to give to the parties an opportunity to make submissions on the approach which he proposed to adopt. The adjudicator therefore had no jurisdiction to reach the decision which he had reached and his decision was not enforced.