Failure to consider a defence a breach of natural justice

In Global Switch Estates 1 Ltd v Sudlows Ltd [2020] EWHC 3314 (TCC) O’Farrell J held that the claimant was not entitled to enforce the decision of an adjudicator because the adjudicator had breached the principles of natural justice in that he had failed to consider a substantial defence which had been relied upon by the defendant. It was held that the adjudicator had been “misled” by the claimant into concluding that he had no jurisdiction to consider various defences relied upon by the defendant. His failure to consider these defences was held to be a material breach of the principles of natural justice which rendered his decision unenforceable.