UK GRID SOLUTIONS LTD AND ANOTHER v SCOTTISH HYDRO ELECTRIC TRANSMISSION PLC

[2024] ScotCS CSOH 5, Outer House of the Court of Session, Lord Richardson, 24 January 2024

Adjudication – Alleged failure to exhaust jurisdiction – Whether financial award made by adjudicator was meaningless and unenforceable

The pursuers brought the present claim in order to enforce the decision of an adjudicator. The defender sought to resist enforcement on three grounds. First, it submitted that the adjudicator had failed to exhaust his jurisdiction in so far as he had failed to address certain relevant and material defences which had been relied upon by the defender relating to delay damages and deductions or set-off. Second, it submitted that the adjudicator had failed to give reasons in support of his decision. Third, it submitted that the adjudicator's award was meaningless and unenforceable.