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Adjudicator's use of own knowledge and experience breaches rules of natural justice, but no severance
Practical Law UK Legal Update 7-507-4488 (Approx. 6 pages)
Adjudicator's use of own knowledge and experience breaches rules of natural justice, but no severance
by PLC Construction
Lord Hodge in the Outer House of the Scottish Court of Session in Carillion Utility Services Ltd v SP Power Systems Ltd [2011] Scot CS CSOH 139 has upheld a breach of the rules of natural justice challenge, based on the adjudicator's use of his own knowledge and experience, but has declined to sever the adjudicator's decision.
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