Expert Witness Journal Issue 68 August 2026 - Flipbook - Page 110
When can an Adjudicator’s
Decision be challenged?
A case analysis
by Sam Beer, Legal Director & Ruvi Atukorala, Associate at Hill Dickinson.
In the world of adjudication, the process is
fast paced and intense. In such circumstances,
understandably, there are occasions in which the
Adjudicator gets the law wrong. If that happens,
can you challenge the Decision?
dispute; and, importantly for the purposes of this
article, has become a common tool to oppose an
application to enforce an adjudicator’s decision.
The basis on which a Part 8 Claim can be referred
are limited and may not always be appropriate
depending on the facts at hand. Namely, there must
not be any material disputes surrounding the facts
- the court will not decide what actually happened,
rather it will only consider what the law requires.
The answer is yes, and the process whereby an
adjudicator’s decision may be challenged is set out
in Part 8 of the Civil Procedure Rules Part 8 (a Part
8 Claim).
In this article, we consider two examples of Part 8
Claims:
•
Kingsmead v Laycock [2025] EWHC 2617
(TCC) (Kingsmead)
•
United Utilities Water Ltd v Northstone (NI)
Ltd (t/a Farrans Construction) [2026] EWHC
(UU)
Kingsmead
In Kingsmead, the referral to a Part 8 claim followed
a Part 7 enforcement application referred by Laylock.
Kingsmead made the Part 8 Claim on the basis that
they considered the Adjudicator had made a legal
error in arriving at his decision – a matter of law
which was suitable for Part 8 determination.
Summary of facts
one of which was successful and one of which was
unsuccessful.
Kingsmead was engaged as the main contractor
on a residential construction project at Seacombe,
Wirral. Laylock was engaged by Kingsmead under
a sub-contract to carry out plumbing and electrical
works associated with the project (Works).
Part 8 scope
Before focusing on the detail and outcome in the
two cases, UU and Kingsmead, it is helpful to set out
the generally accepted scope of a Part 8 Claim.
In July 2023, Kingsmead issued the sub-contract
for execution along with the attached programme
setting out provisional start dates but with a 昀椀xed
duration of 105 days (July Programme). Kingsmead
later issued an accelerated programme in August
A Part 8 Claim is a pathway used to seek the court’s
decision on a question of law, interpretation or
principle. It operates to resolve speci昀椀c points of
EXPERT WITNESS JOURNAL
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AUGUST 2026
