SPONSORED EDITORIAL industry solutions


2 SHINING A SPOTLIGHT ON OVIA’S EMERGENCY PRODUCT RANGE


Ovia’s extensive emergency lighting range comprises more than 60 individual product lines and provides an unparalleled variety of product choices for the end user. Tey fall broadly under the


following categories – bulkheads, exit boxes, downlights, twin spots, surface/suspended exit signs and self-test and non self-test emergency lighting. Tere is also a


range of accessories which includes battery replacements, wall brackets, adhesive legends and flush mounting kits. As well as being highly


competitive, the range has been designed to offer speedy and low-cost installation as well as low-cost maintenance. Te complete range of Ovia


emergency lighting products and batteries are supplied with a four-year warranty. Trough the Ovia Lighting Design Service, customers can also have free access to emergency lighting designs for their commercial projects. For further information,


contact Ovia on 01827 300640, sales@oviauk.com or visit www.oviauk.com


4 Q-FIRE MASONRY SCREWS FROM UNICRIMP HELP YOU FIX IT FAST


Unicrimp, part of the Scolmore Group of companies, has added masonry screws to its growing range of fixings. Tey will form part of Unicrimp’s Q-Fire range of fire-rated products which also includes metal fire safe cable clips. Tese self tapping screws


measure 4.8mm x 40mm and are manufactured from C-1022 low carbon steel with a Blue Ruspert coating. Designed for concrete, brick and block, they are ideal for fixing fire collars and fire rated cable clips, to help meet the 18th Edition requirements. Te use of metal fixings


can help prevent some of the increased risks associated with the breakout of a fire, for example preventing the


David Hughes: 0131 561 0022 davidh@connectcommunications.co.uk


premature collapse of wiring. With the Unicrimp range, construction site managers, electricians and electrical contractors can be assured that the products they are specifying and installing are compliant with the latest regulations. For further information contact Unicrimp on 01827 300600, sales@unicrimp.com or visit www.unicrimp.com


Scottish Appeal Court upholds landmark


decision on severance in Scottish adjudications By Neil Kelly


Partner, MacRoberts LLP


In November, I highlighted what I called ‘a landmark decision on severance in Scottish adjudications’. Te case was about an attempt to resist enforcement of an adjudicator’s decision. While the judge found that the adjudicator had purported to decide certain matters which were outwith his jurisdiction, the adjudicator had decided certain other matters in dispute which did fall within his jurisdiction and his decision on those matters was enforced by the judge, despite opposition from the losing party. Te judge


decided the adjudicator’s reasoning on those other matters was not tainted by his reasoning on the matters outside his jurisdiction. Te decision meant that the employer had to pay a substantial amount to the contractor. I commented that it


remained to be seen whether the employer would seek to appeal that decision. Well they did appeal but the Scottish Appeal Court held that the judge was correct ‘in both his conclusions and reasoning’. Te Appeal Court rejected


a submission for the employer that the judge had given too


much weight to the policy- related considerations behind the introduction of adjudication. It also rejected the ‘one dispute/one decision’ argument for the employer and said: “In relation to an adjudicator’s award that is partially valid and partially invalid, the valid part should in our opinion be enforced if it is realistically practicable… the court should adopt a practical and flexible approach that seeks to enforce the valid parts of the decision unless they are significantly tainted by the adjudicator’s reasoning in relation to the invalid part.” What, then,


should be taken from this Appeal


Court decision? Stated briefly,


severance will be possible in Scotland and the courts will enforce the valid parts of an adjudicator’s award unless those parts are significantly tainted by the adjudicator’s reasoning in relation to the invalid parts of the award. Te Appeal Court’s decision


clarifies the law in Scotland. It is also likely to be referred to in enforcement proceedings south of the border. ●To find out more, email neil.kelly@macroberts.com or call 0131 248 2124.


CABLEtalk AUGUST/SEPTEMBER 2020 45


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