ATALIAN SERVEST AMK LTD v B W (ELECTRICAL CONTRACTORS) LTD

[2023] CSIH 18, First Division, Inner House of the Court of Session, Lord President Carloway, Lord Woolman and Lord Pentland, 18 April 2023

Adjudication – Alleged breach of natural justice – Status of Final Account Statement – Whether binding

B W (Electrical Contractors) Ltd (“BWE”) sought to enforce the decision of an adjudicator. Atalian Servest AMK Ltd (“AMK”) sought to resist enforcement on the ground that the adjudicator had breached the principles of natural justice. AMK also sought a declarator that the Final Account Statement was valid and binding on BWE and on the adjudicator so that it was entitled to payment of the sum identified in the Statement. In the Outer House of the Court of Session it was held that the adjudicator had not breached the principles of natural justice and that, although the Final Account Statement had been validly issued, AMK was not entitled to the declarator which it sought. AMK appealed to the Inner House of the Court of Session but its appeal was dismissed.