110.6 Procedural unfairness

The courts have held that an expert is under a duty to act fairly as between the parties1, but it has also been held that there is no general requirement in expert determination that the rules of natural justice must be strictly followed2, absent an express provision to that effect3. Nevertheless, determinations have been successfully challenged on the grounds of procedural unfairness where there were communications between the expert and one party only4, and where the parties were not given an equal opportunity to present their respective cases5

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial