The slip rule, approbation and reprobation


In Dawnus Construction Holdings Ltd v Marsh Life Ltd [2017] EWHC 1066 (TCC) His Honour Judge McKenna held that the defendant had waived its right to challenge the decision of an adjudicator after it invited the adjudicator to revise his decision under the slip rule. When asking the adjudicator to revise his decision, the defendant had not expressly reserved its right to challenge the decision of the adjudicator on the ground that there had been a breach of the principles of natural justice and this failure to do so had the consequence that the defendant was held to have waived its right to challenge the adjudicator’s decision. The case acts as a reminder of the need to give careful consideration to the reservation of rights before asking an adjudicator to correct an alleged slip in his or her decision. In any event Judge McKenna decided that the adjudicator had not breached the principles of natural justice in reaching his decision.