A&V BUILDING SOLUTION LTD v J&B HOPKINS LTD

[2024] EWHC 2295 (TCC), Technology and Construction Court, Mr Roger ter Haar KC, sitting as a Deputy Judge of the High Court, 6 September 2024

Fees of adjudicator – Liability to pay – Award of interest

The present case is a further stage in the ongoing litigation between these parties (there having been five previous judgments). On this occasion the issue between them was one that related to the liability to pay the fees of the adjudicator and the award of interest. The particular issue concerned the decision of one adjudicator in which he decided that the claimant should pay his fees of £13,692 plus interest on the basis that the defendant had succeeded in the claim before him. However, in the subsequent litigation between the parties the Deputy Judge had concluded that the adjudicator had erred in the conclusion which he had reached. In this situation did the adjudicator's decision on the liability to pay his fees continue to stand or was the claimant entitled to recover any money paid in respect of these fees as a result of the fact that the Deputy Judge had concluded that the adjudicator had erred on the issue of liability which he had decided?