Citation: 96 Con LR 142, [2005] BLR 1 CA, [2004] 20 Const LJ 338 and [2004] EWHC 393 (TCC)
Nature of case: This is the Court of Appeal hearing of the TCC decision on the effect of incorrect identification of a named adjudicator and his subsequent death. AMEC succeeded in its appeal against the judge’s finding of breach of natural justice. The mere fact that a tribunal has previously considered the issue raises no inference of bias and neither the legal advice received by the adjudicator on jurisdiction nor a conversation between adjudicator and AMEC’s solicitors was improper (although the latter will always need careful handling).