Henia Investments Inc v Beck Interiors Ltd

[2015] EWHC 2433 (TCC)

Ratio Decidendi

An adjudicator's decision is temporarily binding and enforceable, even if arguably wrong, unless the adjudicator lacked jurisdiction or there was a serious breach of natural justice.

Fapte

A contractor obtained an adjudication decision for payment. The employer challenged enforcement arguing the adjudicator had made errors of fact and law.

Rezumatul hotărârii

The TCC enforced the adjudicator's decision, holding that errors of law or fact within the adjudicator's jurisdiction do not prevent enforcement. The 'temporarily binding' nature of adjudication is fundamental to the statutory scheme.

Citate cheie

"Adjudication was designed to be a quick interim process and its decisions are enforceable even if wrong."
— Edwards-Stuart J

Tratament ulterior

Applied

Applied in subsequent adjudication enforcement cases.