The weakest link
Bingham, T
The weakest link - 2001 - Building 266(8183) 4 May 2001, 58-59(2) .
Discusses the case of "Austen Hall Building Ltd v Buckland Securities", in which Buckland challenged the adjudicator's decision claiming the basic principles of adjudication as set out in the Construction Act 1996 are incompatible with the Human Rights Act 1998. The judge found that adjudication has no connection with the Human Rights Act, because article 6 of the convention only applies to legal proceedings in tribunals, and adjudicators make decisions rather than enforceable judgments.
HUMAN RIGHTS ACT 1998
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
AUSTIN HALL BUILDING LTD V BUCKLAND SECURITIES LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
The weakest link - 2001 - Building 266(8183) 4 May 2001, 58-59(2) .
Discusses the case of "Austen Hall Building Ltd v Buckland Securities", in which Buckland challenged the adjudicator's decision claiming the basic principles of adjudication as set out in the Construction Act 1996 are incompatible with the Human Rights Act 1998. The judge found that adjudication has no connection with the Human Rights Act, because article 6 of the convention only applies to legal proceedings in tribunals, and adjudicators make decisions rather than enforceable judgments.
HUMAN RIGHTS ACT 1998
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
AUSTIN HALL BUILDING LTD V BUCKLAND SECURITIES LTD
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996