By Catherine Simpson, Trainee Solicitor, Fenwick
Elliott
Different jurisdictions apply different meanings to the words
"without prejudice". A recent Scottish case,
Transform Schools (North Lanarkshire) Limited v Balfour Beatty
Construction Limited and Balfour Beatty Kilpatrick Limited,1
provides a useful reminder of some key issues that often arise in
the course of construction disputes, in particular in the context
of enforcement of adjudicator's decisions arising from breach
of natural justice. In this case, the focus was the admissibility
or otherwise of without prejudice documents.
What was the case about?
Transform Schools (North Lanarkshire) Limited
("Transform") had engaged Balfour Beatty Construction
Limited and Balfour Beatty Kilpatrick Limited ("Balfour
Beatty") to perform construction work at various schools in
North Lanarkshire, Scotland.
