Not complying with Adjudicators requests

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  • Created by: olispence
  • Created on: 04-01-20 22:03
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  • PBQ3 - Non compliance with an adjudicators request
    • The Scheme
      • Part 14 - Parties shall comply with any request or direction of the adjudicator
      • Part 15 -  If, without showing sufficient cause, a party fails to comply with any request, direction or timetable of the adjudicator made in accordance with his powers, fails to product any document or written statement requested by the adjudicator, or in other way fails to comply with a requirement under these provisions relating to the adjudication,
        • Continue the adjudication in the absence of that party or of the document or written statement requested
        • Draw such inferences from that failure to comply as the circumstances may, in the adjudicators opinion, justify,
        • Make a decision on the basis of the information before him attaching such weight as he thinks fit to any evidence submitted to him outside any period he may have requested or directed
    • Could be suggested that the adj break a rule of Natural Justice in making an adverse inference
      • Balfour v Shepherd
        • Adjudicators are not bound by the rules of evidence so can draw a negative inference
        • Should give advance notice that he will draw such inference
        • Decision not affected by the adverse inference being drawn
    • Lobo v Conrich - If responding party ignores all proceedings a decision will still be enforced

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