Technology and Construction Court decides to sever adjudicator’s decision

News
06 Jul 2012

Construction barrister Michael Wheater successfully represented the Claimant in Beck Interiors Ltd v UK Flooring Contractors Ltd [2012] EWHC 1808 (TCC). The case is particularly noteworthy as it represents the first time the Court has been prepared to sever an adjudicator's decision for the purposes of enforcement.

This decision by Akenhead J follows a period of uncertainty as to whether adjudicators' decisions could be severed following obiter statements in cases such as Cantillon v Urvasco, Cleveland Bridge v Whessoe-Volker Stevin Joint Venture and Bovis v Trustees of the London Clinic.

The decision gives useful guidance on the qualities of an adjudicator's decision that make it amenable to severance and how to deal with ancillary issues such as the adjudicator's fees.

For further details on the case, please read the full Judgment: Beck Interiors Ltd v UK Flooring Contractors Ltd [2012] EWHC 1808 (TCC).