Serial adjudications can come thick and fast sometimes. It’s attractive to knock each dispute on the head as they pop up. Bear in mind that an adjudicated dispute decision is binding on those adjudicators trotting along behind. But watch out for subtleties. The issue in the interesting Scottish case Engenda Group Ltd vs Petroineos Manufacturing Scotland Ltd [2024] CSOH36 is whether the adjudicator was bound by what he had decided last time round. He said no; Engenda said yes; Petroineos said no. The court said yes.

Petroineos subcontracted a variety of engineering services works at Grangemouth Refinery to Engenda Group. Disputes cropped up. Adjudications #3 and #4 are interesting.

In #3 the adjudicator decided that Engenda was in breach of contract for delays, but declined to order damages. Engenda then claimed its balance of account of £1.1m. Nothing came, so Engenda began adjudication #4. Petroineos countered in the adjudication, with a defence being a claim in damages of £1.1m plus more.

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