Adjudicator failed to exercise his jurisdiction
Adjudicator failed to exercise his jurisdiction
- 2001
"Ballast plc v The Burrell Company (Construction Management) Ltd Court of Session Outer House 21 June 2001. Held that an adjudicator appointed under the Housing Grants Construction and Regeneration Act 1996 s108 who decided that he could not carry out any valuations because the parties had departed from the terms of a standard JCT contract had failed to exercise his jurisdiction to determine the dispute. A petition for a judicial review of the decision was granted. Copy of court opinion available on http://www.scotcourts.gov.uk/opinions/P336_01.html.
BALLAST PLC V THE BURRELL COMPANY (CONSTRUCTION MANAGEMENT) LTD
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108
SCHEME FOR CONSTRUCTION CONTRACTS (SCOTLAND) REGULATIONS 1998
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
"Ballast plc v The Burrell Company (Construction Management) Ltd Court of Session Outer House 21 June 2001. Held that an adjudicator appointed under the Housing Grants Construction and Regeneration Act 1996 s108 who decided that he could not carry out any valuations because the parties had departed from the terms of a standard JCT contract had failed to exercise his jurisdiction to determine the dispute. A petition for a judicial review of the decision was granted. Copy of court opinion available on http://www.scotcourts.gov.uk/opinions/P336_01.html.
BALLAST PLC V THE BURRELL COMPANY (CONSTRUCTION MANAGEMENT) LTD
HOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108
SCHEME FOR CONSTRUCTION CONTRACTS (SCOTLAND) REGULATIONS 1998
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION