Building Law Monthly
Adjudication, natural justice and jurisdiction
In
Construction Muzzy Ltd v Davis Construction (South East) Ltd [2025] EWHC 2258 (TCC) District Judge Baldwin held that the claimant was entitled to enforce two decisions of an adjudicator.
He rejected the defendant's defence based on an alleged breach by the adjudicator of the principles of natural justice in
placing reliance upon a surrejoinder submitted by the claimant. He also held that the dispute in the two adjudications was
not the same or substantially similar given that they arose out of two different contracts and that there was nothing to prevent
the claimant from relying on an argument which had been successful in the first adjudication in the second adjudication. Further
there was found to be no substance to the submission that the adjudicator in the second adjudication had pre-determined the
issues.