Arbitrator sacked over 'obsession.'
Article Abstract:
The case of the arbitration between Laing Investments (Bracknell) and Croudace and Diamond Lock, Grabowski and Partners (DLG) illustrates the need for the arbitrator to be carefully chosen and to put justice before other concerns. The arbitrator, Roy Roe presided over both parts of the claim despite the objections of DLG. He failed to insist on Laing providing full information in its claim against DLG and accused DLG of delaying tactics. DLG applied to the Commercial Court for Roe's dismissal. The judge found Roe to have put time before fairness and to have been biased in favour of Laing.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1992
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How experts can avoid pitfalls
Article Abstract:
Important guidelines on the professional conduct of UK expert witnesses has been set out by Justice Cresswell. Evidence given by an expert should be independent, uninfluenced and unbiased. An expert must not act like an advocate and should make it clear if the case does not fall within his subject area. Facts should be backed with material evidence and if the matter is not properly researched then this should be stated and the evidence will be classed as provisional. If an expert changes his mind on a matter he should let the other party know immediately.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1993
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Sinking feeling prompts legal code
Article Abstract:
English law does not allow the owners of property to claim compensation for expected damage resulting from the activities of builders. In the case of Midland Bank v Willmott, the Court of Appeal has upheld the 1908 House of Lords ruling that actual damage had to occur before compensation could be awarded. However, this seems unfair to the bank which paid to protect its property from possible subsidance due to Willmott's earlier work on an adjoining site. A clear legal code is needed for situations such as this.
Publication Name: Building
Subject: Construction and materials industries
ISSN: 0007-3318
Year: 1992
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