No attempt by adjudicator to impose a lien

Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2023] EWHC 360 (TCC)

In Nicholas James Care Homes Ltd v Liberty Homes (Kent) Ltd [2023] EWHC 360 (TCC), the defendant sought to resist the enforcement of the decision of an adjudicator on the ground that the adjudicator had breached the principles of natural justice arising out of the way in which the adjudicator had demanded payment for his services in advance of issuing his decision. The challenge to the validity of the adjudicator's decision was rejected by Recorder Andrew Singer KC, sitting as a Judge of the Technology and Construction Court, on the ground that the adjudicator had not attempted to exercise a lien over his decision for payment of his fees and, while the demand for payment had been "tenacious and persistent", it was held not to be impermissible for an adjudicator to ask for and to obtain security for fees from both parties during the course of an adjudication.