The claimant in this case applied for summary judgement to enforce a decision of an adjudicator. The defendant launched its primary attack on the system of adjudication under the Housing Grants, Construction and Regeneration Act 1996. It claimed that the statute was in breach of Article 6 of the European Convention on Human Rights, the application of which is governed by the Human Rights Act 1998. Article 6 of the Convention basically provides that everyone is entitled to a fair and public hearing within a reasonable time and that the judgement is to be pronounced publicly.

Judge Bowsher QC concluded that Article 6 did not apply, or that if it did apply then the adjudication process did not breach Article 6 because adjudication did not amount to legal proceedings, but was "a process designed to avoid the need for legal proceedings". In respect of the publicity issue, he held that a breach did not occur as it was open to the defendant to request a hearing during the course of the adjudication.