Charles Pimlott acts in adjudication enforcement
In AECOM v Staptina [2017] EWHC 723 (TCC), Mr Justice Fraser held that an adjudicator had not acted outside of her jurisdiction or in breach of the rules of natural justice by deciding how deductions for alleged defects should be assessed under the NEC Engineering and Construction Short Subcontract June 2005, with amendments September 2011.
The decision provides a powerful reminder that adjudication is merely a temporary resolution of any particular dispute and only in the plainest of cases will the court uphold an enforcement challenge on the grounds of excess of jurisdiction or a breach of the rules of natural justice.
Charles Pimlott acted for AECOM.
