viii) If the adjudicator failed to consider whether the matters relied on by the responding party amounted to a valid defence to the claim in law and on the facts, that might amount to a breach of the rules of natural justice. ix) Not every failure to consider relevant points would amount to a breach of natural justice. The breach must be material and a finding of breach would only be made in plain and obvious cases. x) If there is a breach of the rules of natural justice and such breach was material, the decision would not be enforced. The judge found that the exclusion of the grounds of defence raised by Sudlows was a clear and material breach of the rule of natural justice. The jurisdictional error was critical to the determination of the dispute. The excluded loss and expense claims were material to the true valuation of IA 27 and the amount of any payment due between GSEL and Sudlows.
The decision could not be enforced.
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