Herbosch-kiere Marine Contractors Limited -vs- Dover Harbour Board
Citation: EWHC 84 (TCC)
Nature of case:
The claimant initiated adjudication enforcement proceedings which the defendant contested on grounds that the adjudicator had significantly exceeded his jurisdiction, or failed to follow the rules of natural justice.The court held that the adjudicator’s decision could not be enforced because he had exceeded his jurisdiction by addressing and finding a method of assessment which formed no part of the dispute referred. In addition the adjudicator had also breached the rules of natural justice by deciding the case on grounds not argued by either party and without affording them with an opportunity to make submissions on the method of assessment which the adjudicator considered he should adopt.
