Patrick Clarke was successful in his defence of a claim by an adjudicator for fees following his resignation from an adjudication to which the defendant had referred a dispute. The case was complicated by lack of clarity on agreed revised interim deadlines but the claim was found to have ultimately failed as the adjudicator resigned without producing a decision and after the expiry of the last agreed time limit. The adjudicator had failed to carry out the work he was appointed to perform, namely to produce an enforceable decision within the time limits allowed or agreed.
Patrick Clarke, instructed by Clarke Willmott LLP, appeared for the Defendant
5 October 2017