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Bloor Construction UK Limited - V - Bowmer & Kirkland (London) Limited 2

United Kingdom
09/05/2000
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This was a case about whether an adjudicator can correct an error in his award after communicating it to the parties. The adjudicator's calculation had failed to account for payments made on account. It was corrected and communicated within 2.5 hours of the original decision.

The court held that there was an implied term in the construction contract that an adjudicator could correct accidental omissions or errors where such a correction would give effect to his first intentions.

Key factors in reaching this decision were:

1. The judge drew analogies from industrial tribunal, court and arbitration procedures, thus likening adjudication to those fora;

2. The purpose of adjudication is to do broad justice to both parties. (The judge did not adopt the claimant's proposition that the purpose is a "quick and certain interim procedure...... on the basis that any temporary injustice can be corrected later");

3. The High Court cannot correct such errors, even where they cause manifest injustice.

This last point arose out of the Bouygues -v- Dahl-Jenson case, which is to be appealed. The Bloor case is also being appealed and they may be heard together. Lawyers are looking forward to the first decision on adjudication by the Court of Appeal; these two cases present some of the most controversial issues in adjudication, and the higher court's guidance will be welcomed.

CMS Cameron McKenna acted for the Respondent.

If you have any queries concerning the above please contact Vanessa Hall on 020 7367 2670 or [email protected].

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