ARTICLE 6 OF THE EUROPEAN CONVENTION ON HUMAN RIGHTS HELD NOT TO APPLY TO ADJUDICATOR’s DECISION

Elanay Contracts Ltd v The Vestry [2001] BLR 33

In Elanay Contracts Ltd v The Vestry [2001] BLR 33 Judge Havery QC held that a decision of an adjudicator only gave rise to an issue estoppel in relation to the fact that an award had been made by the adjudicator. It did not give rise to an issue estoppel in relation to all the matters pleaded in the enforcement proceedings on the ground that it was not necessary for such matters to be pleaded in the enforcement proceedings. More importantly, he held that Article 6 of the European Convention on Human Rights did not apply to an adjudicator’s decision on the ground that the adjudicator’s decision did not involve a final determination of the issue and so fell outside the scope of Article 6. This is an important ruling and it preserves the adjudication scheme from challenge under the Human Rights Act 1998 but it is unlikely to be the last word on the subject.