Vivek Kapoor, instructed by Naithan McBride and David Humphreys of DWF Law LLP, has successfully resisted the enforcement of an adjudicator’s decision in relation to a highway works project.
The judgment considers and addresses the approach to a number of important issues related to jurisdiction, dispute under two contracts, service and appointment of an adjudicator, the question referred to an adjudicator, and natural justice.
On facts, the TCC declared that the adjudicator’s decision is unenforceable as a matter of law as having been reached in a procedurally unjust manner.
Vivek was recognized for his “able and persuasive submissions”.
To view the full judgment of Liverpool City Council v. Vital Infrastructure Asset Management (VIAM) Ltd (In Administration)  EWHC 1235 (TCC) please click here.