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Thu September 23 2021

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Adjudicators Award a Nullity

25 Jun 10 This is a rare case where an adjudicator's award was held to be a nullity because he had misconstrued the extent of his jurisdiction.

The adjudicator had been required to consider each invoice in dispute individually and consecutively; he had to consider all arguments for the pursuers that the whole amount was payable, but he also had to consider the arguments for the defenders including the defenders' submission that there had been overpayments so that no further sums were due. It did not appear that he had done this, having mistakenly decided that it was outside his jurisdiction. 

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