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ARTICLE · 04 MARCH 2020

Adjudicator's Use Of Third Parties

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In December 2019, Scottish Construction Now published an article by Kirsti Olson discussing the case of Dickie & Moore Limited v. The Lauren McLeish Discretionary Trust

United KingdomReal Estate and Construction

In December 2019, Scottish Construction Now published an article by Kirsti Olson discussing the case of Dickie & Moore Limited v. The Lauren McLeish Discretionary Trust (a Scottish decision by the Outer House of the Court of Session) (as republished on our website here.)  That case considered, amongst other issues, whether the adjudicator's involvement of a pupil in an adjudication amounted to a breach of natural justice. The judge decided that, as the pupil did not give advice and all material decisions had been taken by the adjudicator himself, there was no breach. Dickie is now the subject of an appeal. However, in the meantime, the Court of Session has again been asked to consider the involvement by an adjudicator of a third party in the adjudication process. Lord Doherty's Opinion in Babcock Marine (Clyde) Limited v. HS Barrier Coatings Limited was released on 27 December 2019.

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