Paton & Anor, Re Judicial Review [2011] ScotCS CSOH_40 (01 March 2011)

Paton & Anor, Re Judicial Review [2011] ScotCS CSOH_40 (01 March 2011)

The adjudicator's approach to assessing delay and extension of time was based on submissions and evidence provided by both parties. The methodology was made clear in communications, and parties had the opportunity to comment. The adjudicator did not act unfairly or breach natural justice, as he did not decide material matters outside the scope of submissions without reverting to parties.

Citation
[2011] ScotCS CSOH_40
Parties
Petitioners: Mr and Mrs Jack Paton; First Respondent: Douglas Jamie; Adjudicator: Ian Strathdee
Jurisdiction
Scotland
Judgment Date
01 March 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Petition dismissed
Legal Topics
Natural Justice, Adjudication, Extension of Time, Prolongation Costs
Construction Law Administrative Law Natural Justice Adjudication Extension of Time Prolongation Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mr and Mrs Jack Paton

Petitioners

Douglas Jamie

First Respondent

Ian Strathdee

Adjudicator

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the adjudicator breached the requirements of natural justice in determining the dispute
  2. 2 Whether the adjudicator's use of his own knowledge and experience without reverting to parties constituted a material breach

Ratio Decidendi

The adjudicator's approach to assessing delay and extension of time was based on submissions and evidence provided by both parties. The methodology was made clear in communications, and parties had the opportunity to comment. The adjudicator did not act unfairly or breach natural justice, as he did not decide material matters outside the scope of submissions without reverting to parties.

Court Disposition

Petition dismissed