Adjudication, severance and breach of natural justice

In Lidl UK GmbH v R G Carter Colchester Ltd [2012] EWHC 3138 (TCC), [2012] All ER (D) 113 (Nov) Mr Justice Edwards-Stuart held that where, in the case of the referral of a single dispute to adjudication, additional questions are brought in by the adjudicator and decided by him, whether by oversight or error, there was no reason in principle why any decision on these additional questions should not be severed provided that the reasoning of the adjudicator on the additional question did not form an integral part of the decision as a whole. On the facts of the case it was held that the decision on the additional issue could be severed from the remainder of the decision with the result that the remainder was enforceable. Edwards-Stuart J also rejected a challenge to the decision of the adjudicator on the ground that he had breached the principles of natural justice.