NICHOLAS JAMES CARE HOMES LTD v LIBERTY HOMES (KENT) LTD

[2023] EWHC 360 (TCC), Technology and Construction Court, Recorder Andrew Singer KC sitting as a Judge of the Technology and Construction Court, 21 February 2023

Adjudication – Whether adjudicator had made improper threats or sought to impose a lien in relation to the payment of his fees

The claimant sought to enforce the decision of an adjudicator. The defendant sought to resist enforcement based on the way in which the adjudicator "demanded payment for his services in advance of the delivery" of his decision. The adjudicator's clerk had required the parties to pay an initial fee in advance and then required them to pay him a further sum when the adjudicator had reached the point at which the time committed to the decision exceeded the initial fee. The clerk had written to the defendant in strong terms on more than one occasion making clear that there was a deadline for payment and that if payment was not received by the deadline the matter would be "taken out of [the clerk's] hands". The claimant did pay the fee, albeit after the deadline, while seeking to maintain its position that it was not waiving its jurisdictional challenge in relation to the adjudication.