HT-2023-000006 - [2024] EWHC 2516 (TCC)

Before going to each of this issues in turn, it is necessary to consider the effect of the Fifth and Sixth judgments.

As I have said above, in my Fifth judgment I decided all the issue between the Parties except for sums due in respect of adjudicators’ fees and interest.

Thus, subject to those two exceptions, I determined the amounts due from one Party to the other under the Sub-Contract.

Before that judgment was handed down, the Parties had the usual opportunity to suggest corrections to a draft of the judgment which had been circulated. None of the matters with which I am concerned in this judgment were suggested as corrections to the judgment or as being matters which should lead to handing down of judgment being delayed.

My Sixth judgment dealt only with the reserved matters, namely adjudicators’ fees and interest.

As will be seen below, in my judgment I have to consider the extent to which both Parties in different ways are asking me to go behind matters which, rightly or wrongly, I decided in the Fifth judgment or which should have been raised before the Fifth judgment was handed down.