Mr Cartwright was an adjudicator in respect of a dispute between Miss Lydia Fay and Colonial Preservation & Construction Ltd regarding a JCT Building Contract. He had been appointed by the RICS and had issued his terms and conditions to the parties. He apportioned his fee on a 50/50 basis, and issued an invoice on 13 March 2002 to both parties. Colonial Preservation & Construction Ltd paid, but Miss Fay refused to pay.

Miss Fay refused to pay on the basis that:

  • The adjudicator was not entitled to claim a fee from Miss Fay because she was not a party to the contract;
  • The adjudication rules were not incorporated into the contract;
  • She was a consumer and could rely upon the Unfair Terms in Consumer Contract Regulations Act 1999; and
  • The adjudicator acted outside of his jurisdiction and was therefore not entitled to be paid.