BREACH OF NATURAL JUSTICE IN FAILING TO GIVE PARTIES THE OPPORTUNITY TO COMMENT ON REPORT

RSL (South West) Ltd v Stansell Ltd [2003] EWHC 1390 (TCC)

In RSL (South West) Ltd v Stansell Ltd [2003] EWHC 1390 (TCC) Judge Richard Seymour QC held that the claimant was not entitled to summary judgment in order to enforce an adjudicator’s decision when the adjudicator had failed to give the parties access to, and an opportunity to comment upon, a report prepared by an expert instructed by the adjudicator to examine an aspect of the claim. Nor was the claimant entitled to enforce part of the award (the part that was not tainted by any breach of natural justice) because the court had no jurisdiction to enforce part only of the award. The robust approach adopted by Judge Seymour to the application of the rules of natural justice to adjudications underlines the need for adjudicators to ensure that they comply with these rules.