TRANSFORM SCHOOLS (NORTH LANCASHIRE) LTD v BALFOUR BEATTY CONSTRUCTION LTD AND ANOTHER

[2020] ScotCS CSOH 19, Outer House of the Court of Session, Lord Ericht, 18 February 2020

Adjudication – Enforcement – Reliance by adjudicator on “without prejudice” documents – Whether a breach of principles of natural justice

The pursuer brought an action in order to enforce the decision of an adjudicator. The defender sought to resist enforcement on the ground that the adjudicator had relied, in reaching his decision, on certain documents which were described as being "without prejudice". The defender's case was that this reliance amounted to a breach of the principles of natural justice.