MISTAKE WITHIN SCOPE OF JURISDICTION

Northern Developments (Cumbria) Ltd v J & J Nichol (unreported, 24 January 2000)

In Northern Developments (Cumbria) Ltd v J & J Nichol (unreported, 24 January 2000, Technology and Construction Court) Judge Bowsher concluded that, although the adjudicator had indeed made a mistake, that mistake did not relate to the scope of his jurisdiction so that the claimants were not entitled to a declaration that the adjudicator’s decision was null and void. Furthermore he held that the parties had impliedly consented to give the adjudicator jurisdiction to award costs so that he had been entitled to decide that the claimants should pay the costs of the adjudication, including the costs incurred by the defendants.