ADJUDICATION AND THE IDENTITY OF THE EMPLOYER

Michael John Construction Ltd v Golledge [2006] EWHC 71 (TCC), 27 January 2006

In Michael John Construction Ltd v Golledge [2006] EWHC 71 (TCC), 27 January 2006, the principal legal issue before Judge Peter Coulson QC concerned the identity of the employer in a case where the employer was an unincorporated association which had no separate legal identity. He held that the claimant employer was entitled to elect to bring its claim either against the trustees of the club, as principals, or against the person who signed the contract as agent for the principals. On the facts of the case the claimant elected to bring its claim against the trustees. Judge Coulson also rejected in robust terms allegations of bias made against the adjudicator.