This was an appeal from an order that an adjudicator’s decision be enforced summarily. The first instance judgment is dated 17 March 2006. A dispute arose between the parties in respect of fees. That dispute was referred to adjudication. The adjudicator decided that certain fees were due and owing. The defendant refused to pay. The first instance judge decided, as a result of a summary judgment application, that the amount of the adjudicator’s decision should be paid.

CMS Medical appealed the decision, raising two issues. First, it said that there was an earlier agreement that was supplanted by a signed deed. The appropriate nominating body in the deed was the Technology and Construction Solicitors Association. Lead Technical Services (LTS) had applied to the ICE for the nomination of an adjudicator. CMS argued that the ICE was the wrong appointing body. As a result, the adjudicator appointed by the ICE had no jurisdiction.

Second, CMS stated that there was an oral agreement that LTS’s fee would be capped at £20,000. As there was a dispute about that issue, and it was an oral agreement not a written one, then there was no contract in writing for the purposes of Section 107(3) of the Construction Act.

The dispute between the parties in respect of the deed was whether the services of the planning supervisor were included. The adjudicator had taken the view that the deed did not include the services of the planning supervisor and was therefore fatally flawed and did not come into force. The first instance judge did not consider the evidence relating to the scope of the deed, but nonetheless enforced the decision.