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Ballast plc v The Burrell Company (Construction Management) Ltd

Publication details: 2003Subject(s): Summary: SIH 17 December 2002. An adjudicator had erred in law by failing to determine a dispute between the parties arising out of a Standard JCT MC 1998. The adjudicator had been asked to determine the dispute in the notice of dispute, however he had considered that his powers were limited to considering the strict contractual terms between the parties. He was obliged to consider the 'whole dispute' and had failed to do so, and had therefore misconstrued what he was being asked to do. Adjudication held to be null and void. See also (SOH WB3738-01). View judgment at http://www.scotcourts.gov.uk
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS66490 (Browse shelf(Opens below)) 1 Available 121763-1001

SIH 17 December 2002. An adjudicator had erred in law by failing to determine a dispute between the parties arising out of a Standard JCT MC 1998. The adjudicator had been asked to determine the dispute in the notice of dispute, however he had considered that his powers were limited to considering the strict contractual terms between the parties. He was obliged to consider the 'whole dispute' and had failed to do so, and had therefore misconstrued what he was being asked to do. Adjudication held to be null and void. See also (SOH WB3738-01). View judgment at http://www.scotcourts.gov.uk

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