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Update: construction

Anna Stillman considers apparent bias in adjudication proceedings, the interpretation of a condition precedent in a trade contract, liquidated damages, and changes to the Technology and Construction Court guide

11 October 2010

Apparent bias

In Fileturn Limited v Royal Garden Hotel Limited [2010] EWHC 1736 (TCC), Mr Justice Edwards-Stuart considered an allegation of apparent bias on the part of an adjudicator during enforcement proceedings in relation to an adjudicator’s decision.

The parties to this summary judgment application had been involved in an adjudication, which was decided by the adjudicator, Mr R Sliwinski. Sliwinski had previously been a director of Alway Associates, which (through Mr Richard Silver) represented

Fileturn in the adjudication. It appeared that Sliwinski had acted as an adjudicator in ten adjudications in which Alway Associates had represented one of the parties, and it was this pre-existing relationship that prompted the allegation of apparent bias in the adjudication to which the summary judgment application related.

The parties agreed that the test for apparent bias was whether the informed and fair-minded observer, h...

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