Adjudication and without prejudice privilege

In AZ v BY [2023] EWHC 2388 (TCC), Constable J held, in a heavily redacted judgment, that the decision of an adjudicator was unenforceable because a fair-minded and informed observer would conclude that there was a real possibility that, having seen "without prejudice" communications between the parties, the adjudicator was "unconsciously biased". The case acts as a reminder of the need for adjudicators to proceed with extreme caution in the event that without prejudice communications are put before them and that they should consider whether, having seen such communications, they should continue to hear the case or stand down because of the appearance of bias. Similarly, those appearing before adjudicators ought to think carefully before including such material in any submission made to the adjudicator given the conclusion in the present case that the decision of the adjudicator was unenforceable.