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Playing for both sides

By: Series: Building ; 266(8172) 9 March 2001, 56-57(2)Publication details: 2001Subject(s): Summary: Considers the ruling in "Glencot Developments & Design Co Ltd v Ben Barrett & Son (Contractors) Ltd", and the lessons it has for adjudicators. The case involved an adjudicator who was asked by the two parties involved to become a mediator, and then returned to his role of adjudicator. The Construction Act requires an adjudicator to act impartially. The judge concluded that the adjudicator's state of mind was irrelevant, and that it was possible to argue he had compromised his impartiality by his actions. The former considered the part of the dispute that might be affected by bias and made a conditional order for the other parts in favour of Glencot.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS63681 (Browse shelf(Opens below)) 1 Available 111617-1001

Considers the ruling in "Glencot Developments & Design Co Ltd v Ben Barrett & Son (Contractors) Ltd", and the lessons it has for adjudicators. The case involved an adjudicator who was asked by the two parties involved to become a mediator, and then returned to his role of adjudicator. The Construction Act requires an adjudicator to act impartially. The judge concluded that the adjudicator's state of mind was irrelevant, and that it was possible to argue he had compromised his impartiality by his actions. The former considered the part of the dispute that might be affected by bias and made a conditional order for the other parts in favour of Glencot.