Episode #13 - Adjudication and Enforcement

Podcast No.13 in the CMS Building Voices series considers a recent decision of the Scottish Courts, in which enforcement of an Adjudicator’s decision was successfully resisted on grounds of material breach of natural justice. In the matter of Van Oord UK Limited v Dragados UK Limited, the Court of Session refused enforcement on grounds that the Adjudicator’s decision had materially departed from the parties’ submissions and consequently deprived Dragados of an argument that could have altered the outco...

Podcast No.13 in the CMS Building Voices series considers a recent decision of the Scottish Courts, in which enforcement of an Adjudicator’s decision was successfully resisted on grounds of material breach of natural justice. In the matter of Van Oord UK Limited v Dragados UK Limited, the Court of Session refused enforcement on grounds that the Adjudicator’s decision had materially departed from the parties’ submissions and consequently deprived Dragados of an argument that could have altered the outcome.

While considering why Dragados was able to successfully resist enforcement on this occasion, the podcast also serves as a healthy reminder that courts are typically reluctant to do so.

To read more about the decision, please see the judgment here and our recent article here.