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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.
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