Building Law Monthly
Failure to consider a defence a breach of natural justice
In
Global Switch Estates 1 Ltd v Sudlows Ltd [2020] EWHC 3314 (TCC) O’Farrell J held that the claimant was not entitled to enforce the decision of an adjudicator because
the adjudicator had breached the principles of natural justice in that he had failed to consider a substantial defence which
had been relied upon by the defendant. It was held that the adjudicator had been “misled” by the claimant into concluding
that he had no jurisdiction to consider various defences relied upon by the defendant. His failure to consider these defences
was held to be a material breach of the principles of natural justice which rendered his decision unenforceable.