Judicial Intervention and Its Key Battleground: Natural Justice
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 134, Issue 2
Abstract
This paper explores what has been the most successful attempt to date to introduce an “escape hatch” into the adjudication process for those on the wrong end of decisions: the area of natural justice. The decisions of the Technology and Construction Court relating to this area reflect the complexity of the key policy consideration underlying them: the extent to which judges should second guess adjudicators when it comes to matters of procedure. The paper argues that the Technology and Construction Court has in recent years reached a high water mark of intervention before being reigned in by the then senior judge of that court and by the Court of Appeal. It suggests that a more stable and predictable position now prevails. That certainty, common approach, and balance have been welcomed by the construction industry. This paper suggests that welcome is a better benchmark of whether the intervention/nonintervention debate has been correctly resolved than any academic or theoretical approach.
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© 2008 ASCE.
History
Received: Apr 4, 2007
Accepted: Sep 18, 2007
Published online: Apr 1, 2008
Published in print: Apr 2008
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4 Pump Ct., Temple, London EC4Y 7AN, U.K. E-mail: [email protected]
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Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.
Terms of Use: ASCE Library Cards are for individual, personal use only. Reselling, republishing, or forwarding the materials to libraries or reading rooms is prohibited.