ADJUDICATOR EXCEEDED HIS JURISDICTION

Homer Burgess Ltd v Chirex (Annan) Ltd (unreported, 10 November 1999)

In Homer Burgess Ltd v Chirex (Annan) Ltd (unreported, Outer House of Court of Session, 10 November 1999) Lord Macfadyen held that an adjudicator had adopted an erroneous construction of the word “plant” in s105(2)(c) of the 1996 Act and to that extent the decision fell to be set aside. Although he was of the opinion that he had the power to enforce that part of the decision which was intra vires and valid, he decided not to exercise that power but instead to reduce the decision of the adjudicator and remit the issue back to him for fresh consideration.