Reality check

摘要

Questioning the jurisdiction of an adjudicator has become a regular occurrence. One theme that flows through many challenges is the question of natural justice. Tony Bingham's article of 23 January 2004 referred to Costain vs Strathclyde Builders, an adjudication enforcement before the Scottish court. In that case, the adjudicator sought legal advice just before making his decision. Strathclyde subsequently complained of a breach of natural justice when it was not given the opportunity to comment on that advice. The court held that if there was an opportunity for injustice to be done then the adjudicator's decision should not be enforced.