ARBITRATION #100
EPISODE 5 – FINAL EPISODE

You would be entitled to reject the late documents because Buyers + Buyers’ solicitors have, at different stages, both be wrong. Buyers should have ensured all documents were available to the solicitors + the solicitors should have ensured all documents were available to the Board.

You would also be entitled to accept the late documents for two reasons;- first, Buyers have come clean, albeit belatedly, + admitted their two errors, and, second, Sellers have played games with the Board of Appeal – not putting in place procedures for decisions to be made whilst the executive was water-skiing in the Indian Ocean.

On balance, the decision goes with Buyers. Their late documents are allowed in. You and the Board read them + decide there is no need for an adjournment. Sellers’ advocate makes noises about serious irregularity but that is to be expected. Ride it out. The appeal proceeds.

LATE APPLICATION TO SUBMIT NEW EVIDENCE – EPISODE 4