AQUA LEISURE INTERNATIONAL LTD v BENCHMARK LEISURE LTD

[2020] EWHC 3511 (TCC), Technology and Construction Court, HH Judge Bird sitting as a Judge of the High Court, 18 December 2020

Alleged waiver of “subject to contract” stipulation – Jurisdiction of adjudicator to award costs under the Late Payment of Commercial Debts (Interest) Act 1998

The claimant brought an action in order to enforce the decision of an adjudicator. The defendant had paid part of the sum it had been ordered to pay but a significant balance remained unpaid. The defendant denied that it was liable to pay the balance on the ground that the dispute had been determined “by agreement” so that the decision of the adjudicator was no longer binding on them and the adjudicator lacked jurisdiction to require the defendant to pay the costs of the adjudication.