DECISION OF ADJUDICATOR NOT OPEN TO CHALLENGE

Allen Wilson Shopfitters v Buckingham [2005] EWHC 1165 (TCC)

In Allen Wilson Shopfitters v Buckingham [2005] EWHC 1165 (TCC) Judge Peter Coulson QC granted summary judgment to the claimant and rejected the various challenges made by the defendant to the decision of the adjudicator. He held that the decision made by the adjudicator was within his jurisdiction and so not open to review. He also affirmed the restrictive view taken in some previous cases as to the applicability of the Unfair Terms in Consumer Contracts Regulations 1999 to clauses making provision for adjudication. In the case where the adjudication provision is put forward by a professional acting on behalf of the consumer, it is extremely unlikely that the Regulations will be held to be applicable.