February 17, 2006
No Evidence = Violation of Natural Justice
An adjudicator’s decision in a construction contract dispute ordinarily gets a lot of deference in the U.K, but not where the decision violates principles of “natural justice.” Those principles are violated when an adjudicator (a kind of arbitrator who issues interim rulings in ongoing construction projects but whose decisions are not final) makes a finding in the absence of any evidence on the point. That seems to have been the case in a recent Court of Session decision, Ardmore Construction Ltd. v. Taylor Woodrow Construction Ltd. Fraser McMillan of London’s Pinsent Masons offers an account of the case.
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