ADJUDICATOR’S DECISION IS DIRECTIVE AND NOT DECLARATORY

In Rok Building Ltd v Celtic Composting Systems Ltd [2009] EWHC 2662 (TCC), [2009] All ER (D) 65 (Nov), Mr Justice Akenhead held that the decision of an adjudicator was directive, in the sense that it required the defendant to make payment forthwith or within a reasonable time, and was not simply declaratory, in the sense that the extension and sum allowed to the claimant were simply to be accounted for in future certification and payment procedures. Whether the decision of an adjudicator is directive or declaratory is a question of interpretation which must be decided by reference not only to the words used by the adjudicator but also by reference to the context of the dispute which was referred to adjudication.