D MCLAUGHLIN & SONS LTD v EAST AYRSHIRE COUNCIL

[2020] ScotCS CSOH 109, Outer House of the Court of Session, Lord Clark, 30 December 2020

Adjudication – Final determination of dispute between parties – Whether can be raised in same proceedings as proceedings to enforce the decision of the adjudicator

The pursuer brought proceedings in order to enforce the decision of the adjudicator. The defender refused to pay the sum it had been ordered to pay and resisted enforcement of the decision of the adjudicator. The ground on which it sought to resist enforcement was based on alleged errors made by the adjudicator rather than on any lack of jurisdiction on the part of the adjudicator or a breach by the adjudicator of the principles of natural justice. The defender also brought a counterclaim, which was not resisted by the pursuer, in which it sought a declarator that the decision of the adjudicator not be enforced and for payment by the pursuer of the fees of the adjudicator which the defender had paid.