Specialist Ceiling Services Northern Limited obtained an adjudicator's decision against ZBI Construction UK Limited. In this application Specialist sought enforcement of a summary judgment of that decision against the defendant ZBI.
ZBI's challenge to the enforcement was on the basis that without prejudice material had been submitted to the adjudicator during the course of the adjudication and so the Adjudicator should have resigned. As he did not resign the adjudication was unfair and should not be enforced.

The referral included a without prejudice offer to settle from ZBI that had been rejected by Specialist. ZBI had also allowed a without prejudice extension of time in respect of part of the delay. Any adjudicator's decision recognised that it was well established that the parties in dispute often discussed matters on a without prejudice basis. He did not believe that the knowledge of the without prejudice offer affected his impartiality and went on to make a decision in Specialist's favour.