Of course, of course, “the answer is dictated by common sense”, said the three Court of Appeal judges when ordering the defendant to pay the adjudicator his fees. “Common sense” refers to things that we simply accept we know without further reflection; that’s the unavoidable bedrock of common sense. And that’s where we get to in this very ordinary and very small building contract dispute. 

Steve Ward Services (UK) Ltd (SWS) contracted to fit out an Indian restaurant called Funky Brownz, in Stanmore, north-west London. The contractor and employer fell out over the last £36,000, so SWS engaged construction solicitors Costigan King. They advised an adjudication. The RICS nominated experienced adjudicator Mr Nigel Davies, who is a solicitor and chartered surveyor. The rules of the adjudication were those of the CIC Low Value Adjudication and the Scheme for Construction Contracts. An, er, slick, super-straightforward process and, ha ha, trouble‑free.

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