“prospective” approach and rejected the Defender’s “retrospective” approach, The Defender opposed the application to enforce the adjudicator’s decision on the a ‘material defence’ of and subsequent submissions in the adjudication, the adjudicator’s findings and the respective senior counsels’ submissions to the court, Lord Richardson delivered his – made on a “prospective” or “retrospective” basis was in issue in the ejoinder. In accepting the Pursuer’s case on the assessment, as could be seen adjudicator had accepted the “prospective” approach. Thus “Adjudication is a It seemed to have been ‘cut and pasted’ from the Referral without the necessary editing to make it
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