Morris engaged SW under a subcontract to undertake works at Stirling Castle. A dispute arose as to SW’s entitlement to disruption costs and loss and expense and SW referred the dispute to adjudication claiming approximately £272,000.

The adjudicator found in SW’s favour and awarded it £73,000 for loss and expense.

Morris refused to pay and SW commenced enforcement proceedings which Morris resisted on the basis the adjudicator had:

(i) breached the rules of natural justice and exhibited apparent bias;
(ii) failed to exhaust his remit; and
(iii) had acted in an ultra vires manner.

Morris also advanced arguments based on the Wednesbury test of unreasonableness.

On the facts of the case, the Court rejected all of Morris’ arguments and enforced the adjudicator’s award.