This was an appeal from an order made on 28 April 2005 by Mr Justice Jackson in the TCC. Mr Jackson upheld the adjudicator’s decision and ordered payment for £12,376,454.54 inclusive of interest and VAT.

Devonport’s principle arguments against enforcement were:

  • The adjudicator had acted outside of his jurisdiction;
  • The adjudicator had breached the rules of natural justice;
  • The adjudicator’s decision in respect of defects were not supported by adequate reasons;
  • The adjudicator had no power to award interest.
During the appeal Devonport developed his main points, arguing that the adjudicator awarded more than was originally claimed which took him outside of his jurisdiction. Further, the adjudicator had ignored arguments advanced by both parties in respect of the basis of the target cost calculation. This decision was on a basis not advanced by either party. He did not provide reasons for rejecting all of the arguments and evaluated defects in the manner that had not been proposed by other parties.