Isle of Wight construction project Adjudicator’s Decision enforced in the Court of Session
4 September 2012
In Pihl UK Ltd v Ramboll UK Ltd  CSOH 139 Lord Malcolm has emphasised the need not to subject construction adjudicators’ awards to an overly analytical, or critical, scrutiny.
The case concerned the enforcement of an adjudicator’s decision, which had been made in favour of Pihl UK Ltd, under a contract for engineering design services in respect of a construction project on the Isle of Wight. The adjudicator had ordered that sums overpaid during the contract should be repaid to Pihl UK Ltd. Enforcement of the adjudicator’s decision was resisted on the bases that the rules of natural justice had been breached and the adjudicator’s reasons were unintelligible/inadequate.
Lord Malcolm rejected those challenges in this case and held that the adjudicator’s decision should be enforced. In doing so Lord Malcolm also considered the appropriateness of granting summary decree (judgment) in enforcing adjudicators’ decisions. Lord Malcolm went on to grant summary decree, as sought by Pihl UK Ltd, in this case.
Jonathan Broome of Axiom Advocates acted for Pihl UK Ltd in enforcing the adjudicator’s decision.
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