The Edinburgh Schools Partnership Ltd v Galliford Try Construction (UK) Ltd

Construction contract – Adjudication – Enforcement of adjudicator's decision – Jurisdiction – Procedure – Breach of natural justice. Court of Session: In an action in which the pursuer sought to enforce an adjudicator's decision the court rejected the defender's contentions that the adjudicator's decision was invalid and ought to be set aside on the grounds that he lacked jurisdiction to reach it, that there was a procedural failure by the pursuer in referring the adjudication to the adjudicator and that the decision was in material breach of natural justice, holding, inter alia, that the pursuer was not stripped of title to sue by an assignation in security and that a fair minded and informed observer would not conclude that there was a real possibility of bias on the adjudicator's part.

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