PREMIER MODULAR LTD v MAIDSTONE AND TUNBRIDGE WELLS NHS TRUST

[2026] EWHC 1404 (TCC), Technology and Construction Court, Mr Adrian Williamson KC sitting as a Deputy Judge of the High Court, 10 June 2026

Adjudication – Breach of the principles of natural justice – Adjudicator on a "frolic of his own"

The claimant brought proceedings in order to enforce the decision of an adjudicator under which the adjudicator decided that the defendant should pay to the claimant the sum of £1,655,385.49. The defendant resisted enforcement on the ground that the adjudicator had breached the principles of natural justice in reaching his decision. In particular, the defendant submitted that the adjudicator's "central finding" that there had been a compensation event was made on a contractual basis that had not been raised by the parties and on which neither party had made submissions. The defendant's case was that this was "an unforeseen and unforeseeable aspect of the decision that goes to its heart". The defendant also submitted that the adjudicator had failed to address one of the defendant's defences to the compensation event claim. Finally, the defendant submitted that the adjudicator had made a finding that the accepted programme had been updated when this was not part of the adjudication and was contrary to the "clear position" of both parties in the adjudication that the Accepted Programme had not been updated.