The adjudicator decided that J R Knowles were entitled to payment for 3 invoices in respect of services they had carried out in relation to arbitration for the claimant. The claimant sought a declaration that the adjudicator had no jurisdiction as the services provided by J R Knowles did not fall within the definition in the Act.

Judge Gilliland referred to the two limbs of section 104(2) of the Act. First, the work must fall within subsection (a) "architectural, design, or surveying work" or (b) "provide advice on building, engineering, interior or exterior decoration…" and second, it must be work "in relation to construction operations". He considered that the giving of factual evidence by an architect or surveyor did not amount to doing design or surveying work in itself, and so the claimant was awarded the declaration.

Many thanks to Rachael Newth of Hammond Suddards Edge, Manchester for the above two cases reports.