Citation: 1 BLR 97
Nature of case: Contractors Partner applied to enforce an adjudication decision including interest in their favour. Owner Corinthian resisted, arguing that the adjudicator had exceeded his powers in the award of interest and that they should be granted a stay on the grounds of Partner’s precarious financial position, which meant they would be unable to repay any interim award. The court held that the adjudicator was empowered to award interest under the contract and this could include interest on sums not certified by the architect, as well as those certified but not paid, because the contract gave him power to open up, review and revise any decision. No stay would be granted because Partner’s financial position was caused largely by Corinthian’s failure to pay.
