Staveley Industries plc referred a dispute between them and Salford City Council to Paul Jenson as adjudicator. An issue as to his jurisdiction arose. The adjudicator considered the matter and decided that he did not have jurisdiction. Staveley argued that the adjudicator had misinterpreted the case of Atlas Ceilings. District Judge Donnelly considered that it was not for him to consider whether the adjudicator had interpreted the case incorrectly or otherwise. The adjudicator had been asked to deal with a preliminary matter and had done so. Whether he was right or wrong was irrelevant. Paragraph 11 of the Scheme entitled the adjudicator to such reasonable amount as he may determine by way of fees and expenses incurred. The mere fact of alleged wrongful determination could not be construed as default or misconduct. The claimant's fees were reasonable, and he was entitled to them.

Many thanks to Tony Bingham for passing details of this case to me.