- Scottish court considers use of ‘without prejudice’ material in adjudication (Transform Schools v Balfour Beatty)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Scottish Court of Session, Outer House, enforced an adjudication decision, rejecting the defenders’ claim that there had been a breach of natural justice or apparent bias due to the adjudicator taking into account ‘without prejudice’ correspondence when reaching his decision.
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