• A plea of ‘manifest injustice’ could not be used to replace the need for ‘special circumstances’ to avoid a stay.
Court decision summaries in full
Jurisdiction – alleged invalid application to nominating body RNJM Ltd v Purpose Social Homes Ltd [2025] EWHC 2224 (TCC) Her Honour Judge Kelly (judgment 27 August 2025) The claimant, RNJM, applied for summary judgment to enforce the award of an adjudicator (Mr W) ordering the defendant to pay them £130,000. The defendant opposed the application on the grounds that there was a false statement in the claimant’s application to the ANB – the Royal Institution of Chartered Surveyors (RICS) - to the effect that there was a dispute about fees between the claimant and the adjudicator who had been appointed to decide previous disputes between the parties.
Background
This was the fifth adjudication between the parties. In the first adjudication, the adjudicator asked for security for his fees. The claimant withdrew their referral and asked RICS to appoint an adjudicator who did not require security of their fees. Mr B was appointed adjudicator for the second, third and fourth adjudications. In the third and fourth adjudications the claimant was ordered to pay Mr B’s fees. When they failed to do so, the fees were paid by the defendant. In the fifth adjudication, in the conflict of interest section of the RICS nomination form, the claimant’s representative stated there was a dispute between the claimant and Mr B – a ‘dispute over payment with referring party’. No further information relating to the alleged conflict of interest was provided. The defendant’s solicitors emailed the RICS and the claimant’s representative (sharing a copy with the claimant) stating that there was not a conflict or any dispute concerning Mr B’s fees between the claimant and Mr B. They said the claimant had chosen not to discharge their liability to pay the fees when directed to do so by Mr B. The defendant’s solicitor asked the claimant for details of the alleged dispute, but the request was ignored. RICS appointed a different adjudicator, Mr W, who discovered that he was bound by the previous adjudicator’s findings as to repudiation, and awarded the claimant damages.
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