000 01700cam a2200241 4500
001 ABS63416
008 000000n2001 000 0 eng u
035 _a(Sirsi) u110689
100 _aHarris, P.
245 _aWhy we've legalised theft
260 _c2001
490 _aBuilding
_v266(8165) 19 January 2001, 60-61(2)
520 _aCalls for reform of the Housing Grants, Construction and Regeneration Act 1996 s108(3) and of the Scheme for Construction Contracts Paragraph 23(2), which prevents the court or an arbitrator from reviewing an adjudicator's decision on an interim basis. This effectively means that an adjudicator's decision is irreversible. Consequently an unfair enrichment of one of the parties by that decision cannot be challenged unless: summary judgment is withheld; a cross-application for an accelerated trial is allowed alongside summary judgement; or summary judgment is not enforced before an accelerated trial or adjudication. Alternatively a judge could grant summary judgment but grant an application to have the award made by the adjudicator repaid to the defendant.
590 _aABS
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION-ADJUDICATION AWARDS
650 _aHOUSING GRANTS CONSTRUCTION AND REGENERATION ACT 1996 S108(3)
650 _aSCHEME FOR CONSTRUCTION CONTRACTS PARA 23(2)
650 _aSUMMARY JUDGMENTS
650 _aUNJUST ENRICHMENT
690 _aDispute resolution
_96236
942 _n0
999 _c65963
_d65963