Judge Bowsher QC is the first judge to have heard a full argument on adjudication and human rights. True, it arose in Elenay vs Vestry , but not in any depth. This time, both barristers presented a huge range of international judgments that explored this issue. It is a significant examination running to 27 pages of thorough analysis. I will tell you the result now.
Adjudication is innocent, acquitted of all charges.
It has nothing to do with human rights. The judge explained that article 6 of the convention only applies to legal proceedings in tribunals. Legal proceedings result in a judgment or order that in itself can be enforced. If the decision at the end of legal proceedings is that money should be paid, a judgment is drawn up that can be enforced. That is not the case with an adjudicator.