Citation: All ER (D) 331 CA
Nature of case: This is the CA decision on the appeal from the TCC judgment dismissing the appeal by claimants Quietfield, the owner.
The adjudicator had held in the first adjudication that contractors Vascroft had failed to show entitlement to an extension of time.
Quietfield subsequently began a second and then a third adjudication and the (same) adjudicator held that he was bound by his original finding and refused to consider Vascroft’s new evidence challenging it.
Quietfield commenced enforcement proceedings in the TCC but the court held that the adjudicator had been wrong not to consider the new evidence in the third adjudication.
The CA held that the judge had reached the right conclusion and the award would not be enforced.
Also reported in: [2007] BLR 67 CA [2007] 109 Con LR 29 TCC [2007] CILL 2425 [2007] BLM Vol. 24 No.2 CA
