BOUGUES E & S CONTRACTING UK LTD v VITAL ENERGI UITILITIES LTD FOR JUDICIAL REVIEW [2014] ScotCS CSOH_115 (22 July 2014)
The adjudicator addressed the issues remitted, considered the parties’ positions and evidence, and there was no breach of natural justice or failure to exhaust jurisdiction; thus, the decision stands and the petition is refused.
- Citation
- [2014] ScotCS CSOH_115
- Parties
- Petitioner: Bouygues E&S Contracting UK Ltd; Respondent: Vital Energi Utilities Ltd
- Jurisdiction
- Scotland
- Judgment Date
- 22 July 2014
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- petition refused
- Legal Topics
- Adjudication, Natural Justice, Jurisdiction of Adjudicator, Sampling of Evidence, Challenge to Adjudicator's Decision
Case Brief
Summary, issues, holding and outcome
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Parties
Bouygues E&S Contracting UK Ltd
Petitioner
Vital Energi Utilities Ltd
Respondent
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the adjudicator failed to address whether works were defective before ordering payment under condition 57
- 2 Whether the adjudicator's reliance on an assessor's sampling of invoices denied natural justice
- 3 Whether the adjudicator improperly relied on his own experience without giving parties an opportunity to comment
Ratio Decidendi
The adjudicator addressed the issues remitted, considered the parties’ positions and evidence, and there was no breach of natural justice or failure to exhaust jurisdiction; thus, the decision stands and the petition is refused.
Court Disposition
petition refused
Orders
- Uphold Vital’s plea-in-law
- Repel Bouygues’ pleas-in-law
Full Case Text
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