Whizz-bang walloped
Bingham, T.
Whizz-bang walloped - 2003 - Building 268(8288) 20 June 2003, 54-55(2) .
Discusses the implication for adjudication and arbitrators in "Badderley and another v Barker" ([2003] EWCA Civ 742, unreported). Here a nuisance claim was originally dismissed by the use of documents only. Argues that it may sometimes be unfair to conduct a case in this way as the adjudicator needs to 'see, hear and feel' the answers to awkward questions. Concludes by stating that the answer may well be to stop bringing big cases to adjudication unless an adjudicator can be found who is fair. View judgment at www.bailii.org.
BADDELEY AND ANOTHER V BARKER
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
FLOOD DAMAGE
DOCUMENTS ONLY ARBITRATIONS
Whizz-bang walloped - 2003 - Building 268(8288) 20 June 2003, 54-55(2) .
Discusses the implication for adjudication and arbitrators in "Badderley and another v Barker" ([2003] EWCA Civ 742, unreported). Here a nuisance claim was originally dismissed by the use of documents only. Argues that it may sometimes be unfair to conduct a case in this way as the adjudicator needs to 'see, hear and feel' the answers to awkward questions. Concludes by stating that the answer may well be to stop bringing big cases to adjudication unless an adjudicator can be found who is fair. View judgment at www.bailii.org.
BADDELEY AND ANOTHER V BARKER
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
FLOOD DAMAGE
DOCUMENTS ONLY ARBITRATIONS