Will the court enforce an adjudicator's decision that is legally or factually wrong?
A decision is ordinarily enforced even where the adjudicator made an obvious error of fact, law or arithmetic while deciding a question within jurisdiction. The seriousness of the error does not convert it into a jurisdictional defect.
A wrong answer within jurisdiction remains binding; lack of jurisdiction or material procedural unfairness is different
The enforcement court does not conduct an appeal on the merits. If the adjudicator answered the question referred but answered it incorrectly, the decision is ordinarily enforced pending final determination. Resistance may succeed where the adjudicator decided a matter not referred, lacked jurisdiction, or committed a material breach of natural justice. A narrow Part 8 determination may be available where a short legal issue can be decided without disputed facts and the procedure is suitable, but it is not a general appeal route. Clerical correction and severability should be considered separately.
| Issue | Position |
|---|---|
| Wrong answer within jurisdiction | Ordinarily enforced |
| Matter not referred | Possible excess of jurisdiction |
| Material natural justice breach | Possible non-enforcement |
| Clerical or typographical error | Consider correction power |
| Short legal issue with agreed facts | Part 8 may sometimes be suitable |
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