Faithful & Gould Limited -v- Arcal Limited and Ors.
Friday, 1 June 2001
Key terms: Adjudicator must be natural person - Adjudicator’s Fees - An Adjudicator is not bound to sue in personal capacity
An adjudicator sued for payment of his fees. The defendants contended that he could only do so in his personal or natural capacity. The court found against the defendants and held that only the role of an adjudicator had to be carried out by one person as an individual. In this respect, an adjudicator had to be a natural person acting in his personal capacity.
However, the court held that an adjudicator was not required to sue for his fees in that capacity. If he practiced in a partnership or limited company, the partnership or company respectively could administer his fees and recover them by way of litigation.
However, the court held that an adjudicator was not required to sue for his fees in that capacity. If he practiced in a partnership or limited company, the partnership or company respectively could administer his fees and recover them by way of litigation.