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Shadows and doubt

By: Series: Building ; 269(8316) 23 February 2004, 50-51(2)Publication details: 2004Subject(s): Online resources: Summary: Discusses "Costain Ltd v Strathclyde Builders Ltd" (CSOH, 17 December 2003) alleging a breach of fair play by an adjudicator. Argues that adjudicators must be impartial and each party must be given a fair opportunity to present its case even when working to tight timescales. Adjudicators can use their own knowledge but the parties must be told what it is and their comments sought. Any technical or legal advice obtained must be disclosed to all parties. In "Costain", the adjudicator's award was set aside as it was held to be unfair as the adjudicator had failed to inform the parties of his conversation with the legal advisor. View at www.scotcourt.gov.uk
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67426 (Browse shelf(Opens below)) 1 Available 125034-1001

Discusses "Costain Ltd v Strathclyde Builders Ltd" (CSOH, 17 December 2003) alleging a breach of fair play by an adjudicator. Argues that adjudicators must be impartial and each party must be given a fair opportunity to present its case even when working to tight timescales. Adjudicators can use their own knowledge but the parties must be told what it is and their comments sought. Any technical or legal advice obtained must be disclosed to all parties. In "Costain", the adjudicator's award was set aside as it was held to be unfair as the adjudicator had failed to inform the parties of his conversation with the legal advisor. View at www.scotcourt.gov.uk