Building Law Monthly
Unsuccessful party to adjudication did not have right of set-off
In Pihl UK Ltd v Ramboll UK Ltd [2012] CSOH 139 Lord Malcolm dismissed a challenge to the decision of an adjudicator on the
ground that the adjudicator had breached the principles of natural justice. He dismissed the complaint that the adjudicator
had failed sufficiently to explain the legal source of the defender’s obligation to pay the sum it had been ordered to pay
or that he had failed to explain the basis upon which he had calculated the sum payable. The challenge was held to be ‘no
more than a thinly veiled attempt to open up the substance of the decision’ of the adjudicator.