itself was already in the hands of Mr McDermott’s agents and was both referenced in the IPA and contained adequate specification. Decree granted in favour of AGB.
Comment The court ’s approach mirrors the English authorities, which is to say that for policy reasons frequently restated, the court will be slow to refuse enforcement. It is
common, if not universal, for adjudicators to say they have read and considered
and taken account of all notices, submissions and documents placed before them.
Such statements are unobjectionable, but the adjudicator must go further and
attempt to show they have addressed all lines of defence and explain why they
have accepted or rejected them.
Natural Justice – Failure to answer the right question; Challenge to enforcement of award arising from validity of final account statement – Broad Justice at high speed
Atalian Servant AMK Ltd v B W (Electrical Contractors) Ltd [2023] CSIH 18 Lord
President Carloway, Lords Woolman and Pentland (18 April 2023)
The Reclaimers AMK raised an action asking the Inner House to set aside the order of the commercial judge granting judgment on an adjudicator’s award in favour of the Respondents BWE 7 .
AMK had engaged BWE as sub-subcontractor to provide what was essentially
labour only for part of its electrical subcontract work at Lords Cricket Ground.
The sub-subcontract provided for BWE to submit its final account and for AMK to then provide a Final Account Statement (FAS), which was to become ‘final and
7 Atalian Servant AMK Ltd v B W (Electrical Contractors) Ltd [2023] ScotCS CSOH 14 Lord Sandison (16 February 2023) [see Cases Part
2 of 2023].
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