This blog is about a Scottish case and so is only of persuasive authority in England, but it is worth noting.

The Scottish court held that in certain circumstances an adjudicator's decision may not be enforced if to do so would violate the European Convention on Human Rights and Fundamental Freedoms.

The defendants were consulting engineers who had designed a new bottling plant. The owners commenced an adjudication against the defendants claiming that they had failed to use reasonable skill, care and diligence in their design. The adjudicator decided in favour of the owners.

But when it came to enforcing the adjudicator's award the court held that enforcing the decision would amount to an unlawful interference with the defendant's entitlement to peaceful enjoyment of its possessions.

The court's reasoning was based on the fact that a large part of the amount awarded by the adjudicator would not be incurred until 2035 (upon the expiry of a lease) and that therefore there was no need for a speedy, provisional decision and enforcement would place an unreasonable and unfair burden on the defendants.