ATG SERVICES (SCOTLAND) LTD v OGILVIE CONSTRUCTION LTD

[2024] CSOH 94, Outer House of the Court of Session, Lord Sandison, 4 October 2024

Adjudication – Natural justice – Differences between English law and Scots law

The pursuer brought a claim in order to enforce the decision of an adjudicator. The defender sought to resist enforcement on the ground that the adjudicator had breached the principles of natural justice in reaching his decision. The adjudicator had decided that the pursuer had made a valid application for payment, that the defender had not issued a valid pay less notice and that the defender was therefore liable to pay to the pursuer the notified sum of £1,081,254.83 within seven days of his decision, together with interest, fees and expenses. The defender failed to make payment to the pursuer.