Adjudication and natural justice

In Van Oord UK Ltd v Dragados UK Ltd [2022] CSOH 30, Lord Braid reduced the decision of an adjudicator on the ground that the adjudicator was in material breach of the principles of natural justice in not giving to the parties an opportunity to comment on the basis on which he decided the dispute which had been referred to him. His failure to give the parties an opportunity to comment on his analysis had deprived the defender of the opportunity of making a submission that the pursuer’s claim was time-barred. Having thus deprived the parties of a fair opportunity to comment on his proposed decision, he was held to have breached the principles of natural justice in a material respect with the consequence that his decision was reduced.