ADJUDICATOR HAS JURISDICTION TO REACH DECISION ON COSTS

John Roberts Architects Ltd v Parkcare Homes (No 2) Ltd [2006] EWCA Civ 64; [2006] BLR 106

In John Roberts Architects Ltd v Parkcare Homes (No 2) Ltd [2006] EWCA Civ 64; [2006] BLR 106, the issue before the Court of Appeal was whether a contract for adjudication of disputes between the parties empowered the adjudicator to direct the payment by one party to the other of legal costs and expenses of the adjudication, when the substantive claim which had been referred for adjudication had been withdrawn before the adjudicator had decided it. The issue turned on the construction of the agreement for adjudication. The Court of Appeal held, disagreeing with the conclusion reached by Judge Richard Havery QC, that the agreement did confer jurisdiction upon the adjudicator to make such an award.