Elanay commenced enforcement proceedings. Vestry raised certain arguments in their defence, including an argument based upon Article 6 of The European Convention on Human Rights to the effect that Vestry was not afforded a reasonable opportunity to present its case. At the time of the adjudication, Vestry’s principal person involved in the relevant events spent most of the 28 days in hospital, visiting his dying mother. In addition, there was late delivery of documents by Elanay.

The Judge held that Article 6 did not apply to the Adjudicator’s award or to proceedings before an Adjudicator because they did not involve a final determination. That is because all Adjudicator’s decisions pursuant to the Act are subject to final determination by arbitration, litigation or agreement between the parties. Accordingly, Elanay was granted summary judgment.