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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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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