000 01513cab a2200205 4500
001 L129298
008 050408n2005 000 0 eng u
035 _a(Sirsi) u129298
041 _aeng
100 _aThornton
_Anthony
245 4 _aThe case of rich vs poor
260 _c2005
490 _aBuilding
_v270(8375) 1 April 2005, 54-55(2)
520 _aArgues 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.
590 _aIKA150405
650 _aBUXTON BUILDING CONTRACTORS V DURAND PRIMARY SCHOOL GOVERNORS
650 _aSTEEL AND ANOTHER V UNITED KINGDOM
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
942 _n0
999 _c75051
_d75051