Abacus Funds Management Ltd v Davenport

Abacus Funds Management Ltd brought an application against Davenport seeking judicial review of a determination made by an adjudicator under the Building and Construction Industry Security of Payment Act 1999. The applicant claimed that the adjudicator had exceeded his jurisdiction and made an error of law in his determination. The dispute arose from a construction contract where Davenport, as the principal contractor, had not paid Abacus, the subcontractor, the full amount claimed for works performed. Abacus sought to recover the unpaid amount through the adjudication process, which resulted in a determination in Davenport's favour. Abacus then sought to challenge this determination through the court system.

The primary legal issue before the court was whether an order in the nature of certiorari could be granted against an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999. Abacus argued that the adjudicator had made an error of law and exceeded his jurisdiction in making the determination. Davenport, on the other hand, argued that the adjudicator's determination was immune from judicial review and that interlocutory relief should not be granted. The court had to determine whether the adjudicator's decision was subject to judicial review and whether interlocutory relief should be granted in this instance.

The court found that an order in the nature of certiorari could indeed be granted against an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999. The court held that the adjudicator's decision was subject to judicial review and that the applicant had demonstrated a sufficient probability of success in its claim that the adjudicator had made an error of law and exceeded his jurisdiction. The court also found that interlocutory relief was appropriate in this case, given the significant impact the adjudicator's determination had on the applicant's ability to recover the unpaid amount for the works performed. The court granted the application for interlocutory relief and ordered that the adjudicator's determination be set aside.

In summary, the court found that an order in the nature of certiorari could be granted against an adjudicator's determination under the Building and Construction Industry Security of Payment Act 1999. The court held that the adjudicator's decision was subject to judicial review and that interlocutory relief was appropriate in this case. The court granted the application for interlocutory relief and ordered that the adjudicator's determination be set aside. This decision provides important guidance for parties involved in construction disputes and the role of adjudicators in resolving such disputes.