NO BREACH OF NATURAL JUSTICE BY ADJUDICATOR

In Berry Piling Systems Ltd v Sheer Projects Ltd [2012] EWHC 241 (TCC), [2012] All ER (D) 140 (Feb) Mr Justice Edwards-Stuart held that the defendants had failed to establish that the adjudicator had materially breached the principles of natural justice, nor had the defendants made out a case for a stay of enforcement on grounds related to the financial health of the claimants. This being the case, it was held that the claimants were entitled to enforce the decision of the adjudicator.

The facts

The claimants, Berry Piling Systems Ltd, were employed by the defendants, Sheer Projects Ltd, as sub-contractors to carry out secant piling and associated works in connection with a property in London. The works proved to be problematic. In particular, the works were delayed and there was a leakage of water through the piles. This led to a dispute about the claimants’ entitlement to payment for the work done. The dispute arose in part out of the defendants’ allegation that the claimants were responsible for 11 weeks of the delay. The claimants referred the dispute to adjudication. The sum claimed was some £78,000.