The case of rich vs poor
Thornton
The case of rich vs poor - 2005 - Building 270(8375) 1 April 2005, 54-55(2) .
Argues that construction disputes often involve companies who cannot afford to appear with lawyers or claim consultants. A good example of this is the recent case, "Buxton Building Contractors Ltd v Govenors of Durand Primary School ([2004] EWHC 733 (TCC), [2004] BLR 374). Here the governors were not represented properly which led to unfair proceedings and an unenforceable decision. Notes that the McDonalds libel case of "Steel and Morris v the United Kingdom" in the European Court of Human Rights (68416/01, unreported) had stated that the UK had a duty to provide expertise and resources so that a poorer party could conduct a case adequately. Suggests three approaches whereby the state could provide legal aid, including, giving consideration to modifying the absolute bar on an adjudicator awarding costs to the successful party.
BUXTON BUILDING CONTRACTORS V DURAND PRIMARY SCHOOL GOVERNORS
STEEL AND ANOTHER V UNITED KINGDOM
The case of rich vs poor - 2005 - Building 270(8375) 1 April 2005, 54-55(2) .
Argues that construction disputes often involve companies who cannot afford to appear with lawyers or claim consultants. A good example of this is the recent case, "Buxton Building Contractors Ltd v Govenors of Durand Primary School ([2004] EWHC 733 (TCC), [2004] BLR 374). Here the governors were not represented properly which led to unfair proceedings and an unenforceable decision. Notes that the McDonalds libel case of "Steel and Morris v the United Kingdom" in the European Court of Human Rights (68416/01, unreported) had stated that the UK had a duty to provide expertise and resources so that a poorer party could conduct a case adequately. Suggests three approaches whereby the state could provide legal aid, including, giving consideration to modifying the absolute bar on an adjudicator awarding costs to the successful party.
BUXTON BUILDING CONTRACTORS V DURAND PRIMARY SCHOOL GOVERNORS
STEEL AND ANOTHER V UNITED KINGDOM