000			02662cam a2200277 4500
001			ABS64140
008			000000n2001 000 0 eng u
035			_a(Sirsi) u113457
245			_aAustin Hall Building Ltd v Buckland Securities Ltd
260			_c2001
490			_aConstruction Industry Law Letter _v[2001] CILL 1734-1739(6)
520			_aTCC 11 April 2001. The defendant (B) engaged the claimant (A) to carry out certain building works under an engagement incorporating the terms of the JCT Agreement for Minor Building Works. When B did not make a decision on a draft final account submitted after practical completion A referred the dispute to adjudication and then to enforcement proceedings after B failed to comply with the adjudicators decision. At the enforcement proceedings B claimed that the Housing Grants, Construction and Regeneration Act 1996 s108 contravened their human rights under the European Convention of Human Rights Art 6. B's argument was dismissed on the following grounds: that, under the Human Rights Act 1998 s6(2)(a), s6(1) of the Act did not apply as in order to comply with the provisions of the Housing Grants, Construction and Regeneration Act 1996 the adjudicator could not have acted differently; that the adjudicator was not, in these circumstances, a public authority and therefore not obliged to not to contravene with the Convention; and that Art 6 did not apply, if it had applied then the court hearing was a part of the process and constituted a public hearing, and that B had waived any right to a hearing. It was also noted that, in any case, the adjudicator had not breached Art 6 or natural justice. Copy of judgement available on http://porch.ccta.gov.uk/courtser/judgements.nsf/Search/DDB3604EED13208280256A34005B15A3?OpenDocument
590			_aABS
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
650			_aAUSTIN HALL BUILDING LTD V BUCKLAND SECURITIES LTD
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
650			_aHOUSING GRANTS CONSTRUCTION AND RENGENERATION ACT 1996 S108
650			_aHUMAN RIGHTS
650			_aHUMAN RIGHTS ACT 1998 S6
650			_aJCT AGREEMENT FOR MINOR BUILDING WORKS 1998
650			_aNATURAL JUSTICE
650			_aJCT AGREEMENT FOR MINOR BUILDING WORKS (1998 EDITION)
690			_aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856			_uhttps://porch.ccta.gov.uk/courtser/judgements.nsf/Search/DDB3604EED13208280256A34005B15A3?OpenDocument
942			_n0
999			_c67595 _d67595