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Whizz-bang walloped

By: Series: Building ; 268(8288) 20 June 2003, 54-55(2)Publication details: 2003Subject(s): Online resources: Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Journal article London Journals ABS66803 (Browse shelf(Opens below)) 1 Available 122900-1001

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.