Lanes v Galliford Try [2011] EWHC 1679 (TCC)

Following an adjudicator's decision Part 8 proceedings to challenge the decision and enforcement proceedings were heard together.

The decision was claimed by Lanes to be a nullity because;

1) Galliford had previously commenced an adjudication on the same point but had had not pursued it before another adjudicator.  Lanes said that there was no entitlement to start again;

2) the decision was also claimed to be a product of apparent bias. The adjudicator had issued "Preliminary Views and Findings of Fact" before the Response had been served.  Lanes alleged that this document which looked and read like a decision suggested that the adjudicator had already made up his mind. Much of the preliminary document was reproduced in the decision. 

Held: The implication of a bar against starting the adjudication again was rejected.  The apparent bias argument was however succesful and the application for summary judgment was dismissed.


Click here to read full-screen | Click here to print the case