David Sears KC & Charles Pimlott successful in the Court of Appeal in Harding v Paice
David Sears KC and Charles Pimlott have been successful in the Court of Appeal in Harding v Paice, in which the court had to consider whether an earlier adjudication on related matters shut out a new adjudication.
The Court of Appeal has held that an adjudicator’s previous decision that, because an employer failed to serve a Pay Less notice, he was obliged to pay the amount stated in a contractor’s final account, is no bar to the employer starting a further adjudication to determine the true value of the final account.