"You have jurisdiction: Five Fatal Ways to Lose It"

12 July 2007

Simon Tolson in a paper given as part of the King's College Adjudication Seminar, discusses ways in which jurisdiction, which was there at the inception of the adjudication, can be lost.  The five "Fatal Ways" which are the subject of this paper are:

(i) The late referral or late decision;
(ii) The real possibility of bias;
(iii) Natural justice;
(iv) Making a decision which the adjudicator had no power to make; and
(v) Deciding a question not referred to the adjudicator.