ENGENDA GROUP LTD v PETROINEOS MANUFACTURING SCOTLAND LTD

[2024] ScotCS CSOH 36, Outer House of the Court of Session, Lord Young, 26 March 2024

Adjudication – Excess of jurisdiction – Whether adjudicator had purported to decide a matter which had been decided in a prior adjudication between the parties

The petitioner, Engenda Group Ltd, sought to reduce the decision of an adjudicator on the ground that the decision made by him was in excess of the jurisdiction which he had been given. The decision was reached in the fourth adjudication between the parties. The objection taken by the petitioner to the decision was that the issue which the adjudicator had decided was the same issue as the one which he had decided in the third adjudication between the parties. The same adjudicator had decided both adjudications and his decision in the fourth adjudication was that the issues were not the same so that he did have jurisdiction to reach the conclusion which he had reached and that conclusion was supported by the respondent in the present proceedings.