Citation: EWHC 3138 (TCC), [2009] CILL 2666
Nature of case: This case concerned the effect of determination on the enforceability of an adjudicator’s decision under the JCT Minor Works, 1998 Edition. The court held that decisions of an adjudicator are binding in the absence of any jurisdictional arguments and that the determination provisions within JCT Minor Works 1998 (c.1.7.2.3) cannot be used to defeat a contractor’s entitlement to be paid a sum that fell due before the determination. This was the case even though an adjudicator may have reached his decision as to that sum after the date of the determination.
