[2006] EWCA Civ 64, 9 February 2006. A construction contract between J and P incorporated a clause giving the adjudicator power to direct payment of legal costs and expenses of one party by the other as part of his decision. An adjudicator was appointed, but the adjudication did not proceed to a substantive decision, after P dropped its claim. The adjudicator ordered P to pay J's legal costs up to discontinuance. The judge held that the adjudicator had no jurisdiction to direct payment of costs other than as part of a substantive decision. J appealed, arguing that although P could abandon its claim, the parties had not intended that a referring party could discontinue an action without leaving the other party a remedy for recovery of costs. P submitted that the judge had interpreted the adjudication agreement correctly. "Held" the correct interpretation of the agreement for adjudication did not limit the adjudicator's power to direct payment of legal costs to circumstances in which he made a substantive contested decision, and therefore the appeal was allowed.