ADJUDICATION: NO BREACH OF NATURAL JUSTICE

Try Construction Ltd v Eton Town House Group Ltd [2003] EWHC 60 (TCC) (unreported, 28 January 2003)

In Try Construction Ltd v Eton Town House Group Ltd [2003] EWHC 60 (TCC) (unreported, 28 January 2003) His Honour Judge Wilcox distinguished the case of Balfour Beatty Construction Ltd v The Mayor and Burgesses of the London Borough of Lambeth [2002] BLR 288 (on which see our October 2002 issue, pp.1–6) and held that there had been no breach of natural justice on the part of the adjudicator in relying upon an analysis prepared by a programming expert. The reason for this was that the parties were held to have consented to the appointment of the expert and, having given their consent and participated in the adjudication without lodging an objection, the defendant could not subsequently assert that the adjudicator had adopted a methodology which the defendant had not had an opportunity to consider.