What is the adjudicator’s slip-rule?
In the case of McLaughlin & Harvey Ltd v LJJ Ltd [2024] EWHC 1032 (TCC), the TCC issued guidance to adjudicators on their use of the ‘slip-rule’.
An adjudicator awarded MHL £808k LJJ responded and argued that MHL had already deducted damages in the sum of £954k.
The TCC observed that these were submissions on facts which had not been raised in the adjudication.
The adjudicator realised that the wording in his original decision could potentially result in a double-recovery by MHL, issued a revised decision.
MHL applied for summary judgement to enforce the original decision. LJJ conversely sought to resist enforcement on the grounds that the revised decision superseded the original decision and that if the adjudicator had erred in law in issuing the revised decision, this was within his jurisdiction.
The Judge concluded that the adjudicator had exceeded hi powers to correct a decision under para. 22A(1) of the Scheme, and that despite the adjudicator having the power to correct clerical or typographical errors , he sought to qualify or clarify his decision and exceeded his powers in doing so.
The Court concluded that the original decision was enforceable and MHL received the £808k.
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