Adjudication: payment of the adjudicator’s fees

A significant point of principle arose before the Court of Appeal in PC Harrington Contractors Ltd v Systech International Ltd [2012] EWCA Civ 1371. The question was whether an adjudicator whose decision was set aside for breach of the rules of natural justice and want of jurisdiction was entitled to his contractual fees. The Court of Appeal, reversing the first instance judgment of Akenhead J, held that payment was conditional on the production of an enforceable decision.

Harrington : the background