This case has been the subject of some recent debate. The defendant challenged the enforcement of the adjudicator's decision on the basis that there had been a breach of the rules of natural justice. The complaint was that the adjudicator had held "private" telephone conversations relating to the issues in dispute without adequately informing the other party about the nature of those discussions.

Judge Bowsher QC declined to enforce the decision as he held that the telephone calls created the appearance of bias. Adjudicators should give careful thought to the appropriateness of discussing aspects of the adjudication with one party in the absence of the other, and also the manner in which adjudicators exercise their power to take the initiative in ascertaining the facts and the law.