It has always been the case that actual or apparent bias by an adjudicator will render the adjudicator’s decision liable to be quashed on the grounds of natural justice. In the early days of adjudication, cases in which bias was as established were rather rare, but it seems that the their numbers are growing, as illustrated by the recent English case of Paice & Anor v MJ Harding (t/a MJ Harding Contractors) [2015] EWHC 661 (TCC). The case is interesting because it exemplifies how apparent bias can arise from the actions, not of the adjudicator himself, but of his support staff.

There was a complex history to this particular adjudication, which was the 4^th adjudication between the parties arising out of a contract for the construction of 2 houses. The adjudicator was Robert Sliwinski, an experienced chartered surveyor. He had been the adjudicator in the 1^st and 2^nd adjudications, in both of which he had ordered the claimant owners to pay money to the defendant builder.

The apparent bias arose out of a couple of telephone conversations that took place between the claimant owners and Mr Sliwinski’s wife, who was also his office manager. Quite how Continue reading →