ADJUDICATION AND TIME LIMITS

Ritchie Brothers (PWC) Ltd v David Philp (Commercials) Ltd (unreported, 14 April 2004, Outer House of the Court of Session)

In Ritchie Brothers (PWC) Ltd v David Philp (Commercials) Ltd (unreported, 14 April 2004, Outer House of the Court of Session) Lord Eassie considered two issues relating to the period of time given to an adjudicator in which to reach a decision. First he held that the clock begins to tick from the time at which the referral notice is sent to the adjudicator, not the time at which it is received by the adjudicator. Second, he concluded that the provisions relating to the times at which the adjudicator must reach his decision are directory rather than mandatory provisions. This being the case, the jurisdiction of an adjudicator does not lapse automatically on the expiry of the time given to him to reach his decision. It therefore follows that an adjudicator’s decision, even if delivered late, is not necessarily null and void.