DICKIE & MOORE LTD v RONALD JAMES MCLEISH, MRS DIANE MCLEISH AND CATRIONA WATT AS TRUSTEES OF THE LAUREN MCLEISH DISCRETIONARY TRUST (NO 2)

[2019] CSOH 87, Outer House, Court of Session, Lord Doherty, 8 November 2019

Adjudication – Lack of jurisdiction – Severance

In earlier proceedings Lord Doherty held that a material part of the dispute described in the notice of adjudication had not crystallised before the notice had been served. He did not resolve the remedial consequences of this lack of jurisdiction and he left 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. The pursuer in the present proceedings maintained that, since the adjudicator had jurisdiction to decide the remainder of the claim, part of his decision should be enforced.