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Adjudication, professional assistance and natural justice

Building Law Monthly

Adjudication, professional assistance and natural justice

In Babcock Marine (Clyde) Ltd v HS Barrier Coatings Ltd [2019] CSOH 110 Lord Doherty held that the defender had failed to make good its defence that the adjudicator had not provided reasons to support his decision, or that the adjudicator had failed to consider a material line of defence relied upon by the defender. But he held that he was not in a position to conclude, without inquiry, whether the adjudicator had committed a material breach of the principles of natural justice in making use of the services of a quantity surveyor in reaching his decision. The case underlines the importance of adjudicators informing the parties to an adjudication in a timely way if they wish to make use of such professional assistance and of ensuring that the parties are aware of the precise nature of the assistance that is to be provided.

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