Identity of parties, natural justice and crystallisation

In Dickie & Moore Ltd v Ronald James McLeish, Mrs Diane McLeish and Catriona Watt as Trustees of The Lauren McLeish Discretionary Trust [2019] CSOH 71, Lord Doherty held that the adjudicator did have jurisdiction to entertain a claim against the “Lauren McLeish Trust” given that the references to the Trust were understood as references to the defenders. Lord Doherty also rejected the submission that the adjudicator had acted in breach of the principles of natural justice in employing a pupil who had carried out a number of administrative tasks during the adjudication but had not given any advice to the adjudicator. Finally, it was held that a material part of the dispute described in the notice of adjudication had not crystallised before the notice was served. The remedial consequences of the latter conclusion remained to be worked out given the possibility that the pursuer might wish to apply for severance in order to give effect to at least some of the decision of the adjudicator.