Entitlement of adjudicator who resigned to recover fees

In Davies & Davies Associates Ltd v Steve Ward Services (UK) Ltd [2021] EWHC 1337 (TCC) Mr Roger ter Haar QC, sitting as a Deputy High Court Judge, held that the claimant was entitled to summary judgment to recover from the defendant, one of the parties to the adjudication, the fees of an adjudicator in respect of work done by the adjudicator prior to his decision to resign after he concluded that he lacked jurisdiction to decide the dispute which had been referred to him. The basis of the entitlement to recover the fee of the adjudicator was to be found in the express terms of the contract between the parties and it was held that the entitlement to recover fees extended to the case where the adjudicator had erred in deciding to resign in the circumstances which he did. Finally, it was held that the term of the contract which entitled the claimant to recover a fee for the work done was not invalidated by the Unfair Contract Terms Act 1977.