Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Adjudication and Natural Justice

Adjudication and Natural Justice

Postby Smouldering Stoat » Sun Dec 31, 2017 5:52 pm

It is, is it not, one of the rules of natural justice that each party has the opportunity to answer the other side's case. In the civil courts, if C brings a claim against D, and D enters a Defence, then C has the opportunity to file an Answer to that Defence to deal with all the issues that D has raised.

To what extent should an Adjudication scheme be expected to follow similar rules?

Specifically, one of the schemes for adjudicating on tenancy deposit disputes: the starting point for such disputes is that the deposit is the tenant's money unless and until the landlord proves some entitlement to it. We might expect, therefore, that L would raise the dispute, setting out his claim in full, to which T would then reply. One of the schemes, however, expects T to raise the dispute, to which L is invited to respond. L's case is not normally disclosed to T nor the evidence submitted with it.

While the parties are encouraged to negotiate prior to the dispute being raised, this can't be right, can it? If L doesn't give much detail to T before the dispute is raised then T may end up having his deposit awarded to L, on the basis of a claim which he may never be shown, let alone given the opportunity to rebut.
Smouldering Stoat
Posts: 6536
Joined: Thu Nov 01, 2012 6:31 pm
Location: Near the Creek.

Re: Adjudication and Natural Justice

Postby dls » Mon Jan 01, 2018 7:18 am

So fa as I know these schemes are to be accredited.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
Site Admin
Posts: 12514
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Return to Litigation Practice

Who is online

Users browsing this forum: No registered users and 2 guests