Breach of natural justice, severability and approbation considered by Court of Session

In Highlands and Islands Authority Ltd v Shetland Islands Council [2012] ScotCS CSOH 12, Lord Menzies in the Outer House of the Court of Session held that an adjudicator breached the rules of natural justice by asking counsel for confirmation of a legal point. The court refused to sever the adjudicator's decision. The court also held that serving a notice of intention to serve an arbitration notice did not constitute approbation of the adjudicator's decision. The adjudicator's decision was reduced on judicial review (see Shetland Islands Council, Re Judicial Review [2012] ScotCS CSOH 11).