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Building Law Monthly

Adjudicator cannot change his mind on a matter decided in previous adjudication between same parties

In Vertase FLI Ltd v Squibb Group Ltd [2012] EWHC 3194 (TCC), [2012] All ER (D) 187 (Nov) Mr Justice Edwards-Stuart held that the claimant was not entitled to enforce the decision of an adjudicator on the ground that the adjudicator had purported to change his mind on a matter which he had previously decided in a prior adjudication between the same parties. Given that there cannot be a second adjudication on a dispute which has already been determined by adjudication, it was not open to the adjudicator to change his mind in the way he had purported to do and, to this extent, it was not possible to enforce his decision.

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