Shadows and doubt
Bingham, T.
Shadows and doubt - 2004 - Building 269(8316) 23 February 2004, 50-51(2) .
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
COSTAIN V STRATHCLYDE BUILDERS LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
FAIR PLAY
SCOTLAND
BREACHES OF NATURAL JUSTICE
Shadows and doubt - 2004 - Building 269(8316) 23 February 2004, 50-51(2) .
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
COSTAIN V STRATHCLYDE BUILDERS LTD
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
FAIR PLAY
SCOTLAND
BREACHES OF NATURAL JUSTICE