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Article: Case Law Review - Construction, Property & Real Estate (September 2008).
- Article from:
- Mondaq Business Briefing
- Article date:
- September 12, 2008
CopyrightCOPYRIGHT 2008 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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ADJUDICATION Natural Justice
Cantillon Ltd v Urvasco Ltd [2008] 117 Con LR 1 TCC Already reported in BLR, in a piling dispute referred to adjudication, the defendant argued unsuccessfully that the adjudicator had breached the rules of natural justice. The court held that if one party argued a point and the other failed to address it that was not the adjudicator's fault. In ascertaining what the dispute comprised, the claimant was not limited to matters raised before it crystallised. The court had to consider the severability, or separate enforceability, of different parts of the decision.
Construction Law Journal 2008 Vol.24 No.5 contains the ...