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22 November 2013
Issue: 7585 / Categories: Case law , Law digest , In Court
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Adjudication

Roe Brickwork Ltd v Wates Construction Ltd [2013] EWHC 3417 (TCC), [2013] All ER (D) 105 (Nov)

It was established law that the court would not interfere with the decision of an adjudicator who had answered the question referred to him even though the court took the view that the answer was wrong or that the adjudicator had made an obvious mistake. If an adjudicator had it in mind to determine a point wholly or partly on the basis of material that had not been put before him by the parties, he had to give them an opportunity to make submissions on it.  By contrast, there was no rule that a judge, arbitrator or adjudicator had to decide a case only by accepting the submissions of one party or another. An adjudicator could reach a decision on a point of importance on the material before him on a basis for which neither party had contended, provided that the parties were aware of the relevant material and that the issues to which it gave rise had been fairly canvassed

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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