Monthly Archives: May 2011

REUTERS | Kim Hong-Ji

Missing a limitation date is the sort of thing to make a lawyer wake up at night in a cold sweat. So it always surprises me how often claimants seem to leave things until a critical deadline before issuing proceedings. (I should make clear that in the case below, where the action was held to be statute-barred, there is no indication as to who was at fault.)

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REUTERS | Ronen Zvulun

The Scottish courts call it “failing to exhaust your jurisdiction”. The English courts haven’t come up with a snazzy name like that, they just say the adjudicator failed to consider submissions before him or ignored aspects of a party’s submissions. It all boils down to the parties having a fair hearing and the outcome is the same. The adjudicator hasn’t done what was asked of him and his decision is unenforceable due to a breach of the rules of natural justice.

The topic has been before both the Scottish and the English courts recently. Continue reading

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