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Rough justice, but not that rough! Adjudicators' discretion to extend time for serving submissions
Practical Law UK Legal Update Case Report 1-382-9874 (Approx. 6 pages)
Rough justice, but not that rough! Adjudicators' discretion to extend time for serving submissions
by PLC Construction
CJP Builders Limited v William Verry Limited [2008] EWHC 2025 (TCC)
The court refused to enforce an adjudicator's decision because the adjudicator had acted in breach of natural justice. By refusing to extend the responding party's time for submitting its response, the adjudicator had infringed the responding party's right to a fair hearing.
Mr Justice Akenhead also held that:
- The responding party could not raise a jurisdiction argument during enforcement proceedings when it could have raised the same argument during the course of the adjudication.
- Despite the absence of payment and withholding notices, the referring party was not automatically entitled to payment of the sum claimed in its application for payment. The amount payable depended on the value of the works it had actually performed.
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Resource ID 1-382-9874© 2024 Thomson Reuters. All rights reserved.
Law stated as at 18-Aug-2008
Resource Type Legal update: case report
Jurisdictions
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- Scotland
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