Extent to which adjudicator bound by previous decision.
In the case of Sudlows Ltd v Global Switch Estates 1 Ltd [2022] EWHC 3319 (TCC), concerned the extent to which an adjudicator was bound by a previous adjudicator’s decision.
In adjudication 5 Sudlows succeeded on its claim that the cables were damaged on installation because the ducting was not fit for purpose, and that the ensuing delays were Relevant events entitling Sudlow’s to an EoT to 18/01/21.
In a subsequent adjudication (No. 6), Sudlows asked for a further Eot to 07/06/21 the date of PC.
Global in defence brought two experts reports which said that the ducting had been fit for purpose and as a result said that Sudlow was not entitled to any further time or monies.
The next (different) adjudicator decided that he was bound by the previous adjudicator’s findings and decided that Sudlows was entitled to a further EoT and loss & expense in the sum of £997k.
However, the court decided that although both the 5th 7 6th adjudications concerned the same Relevant Events, that did not make the disputes the same. This was because they related to underlying EoT’s for different periods of time and the dispute in relation to the new EoT involved new relevant materials and testing which were not and could not have been part of the dispute leading to the prior adjudication. As a result the court held that the 6th adjudicator was not bound by the findings of the 5th adjudicator.
So there you have it folks, to be honest I would have likely decided as the 6th adjudicator did (that I was bound by the previous decision), however, it just goes to show that each case is fact specific and the extent to which an adjudicator is bound by a previous adjudicator’s decision is a matter for careful examination.
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