This article covers recent decisions regarding judicial controls on the exercise of adjudicator’s powers.
CHALLENGE OF ADJUDICATOR’S DECISIONS – NATURAL JUSTICE
General
In AMEC Capital Projects Limited v Whitefriars City Estates Limited [2004] EWCA Civ 1418, the common law rules of natural justice were described as being two fold:
(a) The right to proper notice and an effective opportunity to make representations before a decision is made
(b) The right to an unbiased tribunal