The section at issue imposed a duty upon a tribunal to which the Act applies or any minister who makes a decision after the holding of a statutory inquiry to give reasons for their decision, if requested. A record of the reasons for a decision must meet the requirement that reasons must be adequate to … Continue reading Re Poyser and Mills’ Arbitration: 1963
A discretion on the appointment of an arbitrator is completely unfettered; refusal proper. Citations: Times 13-Aug-1996 Statutes: Arbitration Act 1950 10(1) Jurisdiction: England and Wales Arbitration Updated: 31 October 2022; Ref: scu.80696
When an unsuccessful party has had its legal costs funded under legal expenses insurance, should the insurer be held liable to pay the successful party’s costs? The insurer had not instigated the litigation, nor controlled it, and could not be accused of ‘wanton and officious intermeddling’. The insurance was general and did not relate to … Continue reading Murphy, and Murphy v Young and Co’s Brewery Plc, Sun Alliance and London Insurance Plc: CA 20 Nov 1996
Enforcement of registration of result of family law arbitration. Judges: Mr Justice Mostyn Citations: [2021] EWHC 1889 (Fam), [2021] WLR(D) 388, [2021] 1 WLR 5393 Links: Bailii, WLRD Statutes: Matrimonial Causes Act 1973 25, Arbitration Act 1996 68 69 Jurisdiction: England and Wales Family Updated: 30 January 2022; Ref: scu.665991
PI Damages not Reduced for Own Pension The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer. Held: The plaintiff’s appeal succeeded. Damages for personal injury were not to be reduced by deducting the full net value of … Continue reading Parry v Cleaver: HL 5 Feb 1969
The plaintiffs purchased eight steam turbines from the defendants. They later proved defective, and the plaintiffs sought damages. In the meantime they purchased replacements, more effective than the original specifications. In the result the railway company obtained benefits over and above their contractual entitlement. The arbitrator stated a special case as to whether the plaintiffs … Continue reading British Westinghouse Electric and Manufacturing Co v Underground Electric Railways Co (London) Limited: HL 1912
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Judges: Langley J Citations: [2005] EWHC 2912 (Comm) Links: Bailii Statutes: Arbitration Act 1996 69(2) 69(3) Jurisdiction: England and Wales Arbitration Updated: 06 December 2022; Ref: scu.236585
Citations: [2007] EWCA Civ 1148, [2007] ArbLR 57, [2008] Bus LR 858 Links: Bailii Statutes: Arbitration Act 1996 69 Jurisdiction: England and Wales Arbitration Updated: 22 November 2022; Ref: scu.261315
Security for claims against a guarantor in the context of two bareboat charterparties and associated guarantees. Judges: Mrs Justice Cockerill DBE Citations: [2021] EWHC 551 (Comm) Links: Bailii Statutes: Arbitration Act 1996 69 Jurisdiction: England and Wales Transport, Arbitration Updated: 20 November 2022; Ref: scu.660090
The ship (Global Santosh), having been found with illicit drugs, was arrested in error, leading to considerable delays in unloading the cement cargo. The charterparty period off-hire clause (NYPE form) was applied and hire withheld by the head charterers. Construction of the meaning and effect of an off-hire clause contained in a time charter. Held: … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: ComC 1 Feb 2013
The claimant ship owners challenged an award on two grounds. First, with permission, the owners appealed under section 69 of the Arbitration Act 1996 on the following question of law: ‘Whether, as a matter of law, owners were entitled to refuse early re-delivery of the Aquafaith (the vessel) at Jintang on 9 August 2011 and … Continue reading Isabella Shipowner Sa v Shagang Shipping Co Ltd: ComC 26 Apr 2012
Judges: Cresswell J Citations: [2005] EWHC 2755 (Comm) Links: Bailii Statutes: Arbitration Act 1996 69(8) Jurisdiction: England and Wales Cited by: Appeal from – CGU International Insurance Plc and others v Astrazeneca Insurance Co Ltd. CA 16-Oct-2006 Whilst the court of appeal did have a residual discretion to review a refusal by a judge of … Continue reading CGU International Insurance Plc and others v Astrazeneca Insurance Company Ltd: ComC 1 Dec 2005
Citations: [2004] EWHC 3319 (TCC) Links: Bailii Statutes: Arbitration Act 1996 6991) Construction, Arbitration Updated: 04 July 2022; Ref: scu.235377
There has been no change to the rule that a judge refusing leave to appeal from an arbitration award, need not give his reasons. The rationale is that the question is a threshold one, of whether a particular standard had been reached. It was not a situation where a detailed examination was to be undertaken, … Continue reading Mousaka Inc v Golden Seagull Maritime Inc: QBD 30 Jul 2001
Arbitration Act 1996, Section 69(3)(d): when is it just and proper in all the circumstances for the court to determine a question raised on an application for leave to appeal; issue of construction in a one-off charterparty clause where pre-existing judicial authority as to proper construction of similar wording Judges: Colman J Citations: Unreported, 12 … Continue reading India Steamship Co Ltd v Arab Potash Co Ltd: ComC 12 Dec 1997
Judges: Mr Justice Hamblen Citations: [2012] EWHC 166 (Comm), [2013] Bus LR D9 Links: Bailii Statutes: Arbitration Act 1996 69 70(4) Jurisdiction: England and Wales Arbitration Updated: 23 March 2022; Ref: scu.451217
The question of law which arises on these arbitration appeals is as follows: ‘Where under a time charter the owner warrants to the time charterer that the vessel shall maintain a particular level of performance throughout the charter period, and the time charterer alleges underperformance in breach of that warranty, is it a defence for … Continue reading Imperator I Maritime Company v Bunge Sa: ComC 24 Jun 2016
The ship ‘Global Santosh’ had been arrested as a side issue in a dispute as to its cargo between its anticipated receiver and a sub-sub charterer. Held: (Lord Clarke dissenting) The appeal succeeded. Any responsibility of Cargill under the time charter for IBG’s acts or omissions in the conduct of cargo handling operations at the … Continue reading NYK Bulkship (Atlantic) Nv v Cargill International Sa: SC 11 May 2016
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Whilst the court of appeal did have a residual discretion to review a refusal by a judge of a grant of leave to appeal against an arbitration based upon an allegation of unfairness such as should undermine the fairness of the decision, that . .
The parties had been involved in an arbitration. The claimant sought leave to appeal. The judge refused to give leave, but did not say exactly why.
Held: Human Rights law required a right of appeal. That right could only be exercised properly . .
Where a party appealed against an arbitration to the County or High Court, the court which gave judgment was the sole body able to give permission to enter an appeal under the Act. An appellate court did not have jurisdiction to give leave to . .
When asking whether the time for appeal against an arbitrator’s award should be extended, the court should look at several circumstances, including the length of the delay; whether the party was acting reasonably in all the circumstances in delaying; whether the other party had contributed to the delay; whether other party would suffer irremediable prejudice … Continue reading Aoot Kalmneft v Glencore International Ag and Another: ComC 27 Jul 2001
Judges: Teare J Citations: [2009] EWHC 1975 (Comm), [2010] 1 Lloyds Rep 183, [2009] 2 CLC 446 Links: Bailii Statutes: Arbitration Act 1996 68 69 70 Jurisdiction: England and Wales Cited by: See Also – Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria ComC 7-Oct-2010 The courts do not approach arbitration … Continue reading Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd Of Nigeria: ComC 31 Jul 2009
Where it is claimed that the arbitral tribunal adopted improper procedures to determine an issue, the court should decline to try the issue in order to establish whether substantial injustice has in fact been caused. Judges: Langley J Citations: [2004] EWHC 1829 (Comm) Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales … Continue reading Cameroon Airlines v Transnet Ltd: ComC 29 Jul 2004
Judges: Sir Ross Cranston Citations: [2021] EWHC 472 (Comm) Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales Arbitration Updated: 04 December 2022; Ref: scu.660089
Judges: Mr Justice Aikens Citations: [2007] EWHC 11 (Comm), [2007] 1 Lloyd’s Rep 693, [2007] BusLR D69, [2007] ArbLR 19 Links: Bailii Statutes: Arbitration Act 1996 68(2)(g) 80(5), Civil Procedure Rules 62.9(1)(a) Jurisdiction: England and Wales Arbitration Updated: 22 November 2022; Ref: scu.248268
Application pursuant to section 68 of the Arbitration Act 1996 to set aside an arbitration award for serious irregularity. Judges: Mr Justice Hamblen Citations: [2012] EWHC 2894 (Comm) Links: Bailii Jurisdiction: England and Wales Arbitration Updated: 20 November 2022; Ref: scu.465469
The dispute between the parties centred on the entitlement of the Charterers, the Applicants, to cancel a charterparty Judges: The Hon Mr Justice Morison Citations: [2006] EWHC 3250 (Comm), [2007] 2 Lloyd’s Rep 223 Links: Bailii Statutes: Arbitration Act 1996 68(2)(a) 69 Jurisdiction: England and Wales Transport Updated: 20 November 2022; Ref: scu.376027
The claimant challenged the arbitration for serious irregularity. Judges: Teare J Citations: [2011] EWHC 93 (Comm), [2011] ArbLR 3 Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales Arbitration Updated: 06 November 2022; Ref: scu.428540
Appeal brought with leave under section 69 of the Arbitration Act 1996 against the award of three maritime arbitrators in a dispute under a voyage charterparty Judges: Popplewell J Citations: [2012] EWHC 1984 (Comm) Links: Bailii Jurisdiction: England and Wales Transport Updated: 03 November 2022; Ref: scu.462957
One party sought a declaration that arbitrators should have no jurisdiction to determine claims for commission said to be due to the Respondent chartering brokers. Held: Because he has in effect become a statutory assignee of the promisee’s right of action against the promisor and because, by reason of the underlying policy of section 1(4), … Continue reading Nisshin Shipping Co Ltd v Cleaves and Company Ltd and others: ComC 7 Nov 2003
The court set out the principles applicable in an application under section 68: ‘a) Perhaps the best summary of the applicable principles relating to section 68 generally, which lies at the heart of these applications is by His Honour Judge Humphrey Lloyd QC in Weldon Plant Ltd. v. The Commission for the New Towns [2000] … Continue reading Sinclair v Woods of Winchester Ltd Harrison: QBD 14 Jul 2005
The pursuers contracted to remove coal by opencast mining from the defender’s land. They said the contract assumed the removal first of substantial peat depositys from the surface by a third party. They had to do that themselves at substantial cost. They said the defenders should have issued a variation to allow them to claim … Continue reading AMEC Mining v Scottish Coal Company: SCS 6 Aug 2003
Solicitor Firm Member was a Protected Worker The solicitor appellant had been a member of the firm, a limited liability partnership. She disclosed criminal misbehaviour by a partner in a branch in Africa. On dismissal she sought protection as a whistleblower. This was rejected, it being found that a member of such a firm was … Continue reading Clyde and Co LLP and Another v van Winkelhof: SC 21 May 2014
The parties, the bankrupt and her trustee, had engaged in a mediation which failed at first, but applicant said an agreement was concluded on the day following. The defendants denied this, and the court as asked to determine whether a settlement had occurred, and was now asked whether without prejudice communications made during the mediation … Continue reading Brown v Rice and Another: ChD 14 Mar 2007
The appellants had argued that they were not subject to the construction arbitration system because they were residential occupiers. They now said that as consumers vis a vis the construction contract. Judges: Coulson J Citations: [2009] EWHC 493 (TCC) Links: Bailii Statutes: The Housing Grants (Construction and Regeneration) Act 1996 106 Jurisdiction: England and Wales … Continue reading Shaw and Another v Massey Foundation and Pilings Ltd: TCC 12 Mar 2009
Issues concerning sections 67 and 69 of the Arbitration Act 1996. It first concerns the application of the Claimant (the ‘Owners’) pursuant to section 67 of the Arbitration Act 1996 (‘1996 Act’) for an order setting aside a London arbitral tribunal’s final award on jurisdiction dated 2 March 2020, by which it held that it … Continue reading Lavender Shipmanagement Inc v Ibrahima Sory Affretement Trading SA and Others: ComC 16 Dec 2020
Each party challenged elements of an arbitration award. Judges: Ramsey J Citations: [2007] EWHC 1749 (TCC), [2007] 2 All ER (Comm) 694, [2006] 2 Lloyds 1, [2006] 1 All ER (Comm) 529, [2007] ArbLR 39, [2007] BLR 391, (2007) 114 Con LR 1 Links: Bailii Statutes: Arbitration Act 1996 68 69 Jurisdiction: England and Wales … Continue reading London Underground Ltd v Citylink Telecommunications Ltd: TCC 20 Jul 2007
Challenge to arbitration award on jurisdictional grounds. Citations: [2007] EWHC 1360 (TCC) Links: Bailii Statutes: Housing Grants, Construction and Regeneration Act 1996 Jurisdiction: England and Wales Construction Updated: 11 July 2022; Ref: scu.258369
The appellants challenged the removal of a restrictive covenant on a neighbour’s house restricting further building on the land to allow further house in the garden. It was in a small close of houses all erected, and the covenant imposed, in 1952. It was in effect part of a building scheme. The tribunal had found … Continue reading Shephard and others v Turner and Another: CA 23 Jan 2006
Appeal under s. 69 of the Arbitration Act 1996 by the Claimant Owners against an award by which the majority of the tribunal rejected the bulk of the Owners’ claims against the Defendant Charterers arising out of the capture by pirates in the Arabian Sea of their Panamax bulk carrier ‘ELENI P’ Judges: Justice Popplewell … Continue reading Eleni Shipping Ltd v Transgrain Shipping Bv: ComC 10 Apr 2019
Appeal from a costs award of an arbitrator where leave to appeal not required; consideration of the principles on which an arbitrator should determine costs, section 61 of the Arbitration Act 1996 and Rule 13 of Construction Industry Model Arbitration Rules (‘CIMAR’) ; whether court costs decisions or costs appeal decisions from arbitrators should be … Continue reading Fence Gate Ltd v Nel Construction Ltd: TCC 5 Dec 2001
When asking whether the time for appeal against an arbitrator’s award should be extended, the court should look at several circumstances, including the length of the delay; whether the party was acting reasonably in all the circumstances in delaying; whether the other party had contributed to the delay; whether other party would suffer irremediable prejudice … Continue reading Aoot Kalmneft v Glencore International AG and Another: QBD 27 Jul 2001
The parties entered into a charterparty by demise of a bulk carrier. It was in a state of disrepair. The owners required the charterers to repair it before redelivery, and claimed hire losses until it was returned repaired. The extensive repairs required would have cost far more than the repaired value of the vessel. Mocatta … Continue reading Attica Sea Carriers Corporation v Ferrostaal Poseidon Bulk Reederei GmbH, The Puerto Buitrago: CA 1976
The insurance company claimant had insured a cargo under a voyage charter made by the defendant as charterer with the claimant as time charterer and disponent owner of the vessel. The charter had an arbitration clause. The cargo was damaged in a fire and steps taken to extinguish it. The insurers began proceedings in Brazil … Continue reading Schiffahrtsgesellschaft Detlev von Appen GmbH v Voest Alpine Intertrading GmbH (‘The Jay Bola’): CA 1997
The place of arbitration, the juridical seat, was necessarily and inherently established at the time when an arbitration began, and could not subsequently be moved, save with the consent of the parties. Until the point where the arbitration commenced, the juridical seat could be established as required under the Act by looking at all the … Continue reading Dubai Islamic Bank Pjsc v Paymentech Merchant Services Inc: QBD 24 Nov 2000
The parents had married under shariah law. They left the US to return to the father’s home country Saudi Arabia. They parted, and the mother brought their son to England against the father’s wishes and in breach of an agreement. The father sought his summary return to Saudi Arabia, a non-Convention country. Held: The appeal … Continue reading Re J (A Child), Re (Child returned abroad: Convention Rights); (Custody Rights: Jurisdiction): HL 16 Jun 2005
The liquidators of Bilta had brought proceedings against former directors and the appellant alleging that they were party to an unlawful means conspiracy which had damaged the company by engaging in a carousel fraud with carbon credits. On the pleaded facts, Mr Chopra and Mr Nazir were the directing organ of Bilta under its constitution. … Continue reading Jetivia Sa and Another v Bilta (UK) Ltd and Others: SC 22 Apr 2015
The parties were partners, and the partnership agreement contained provisions for arbitration. The claimant had begun proceedings, and the defendant had filed a defence. The claimants then applied to amend their particulars of claim. The defendant sought a stay saying this revived his entitlement him to require the case to be referred to arbitration. Held: … Continue reading Ahad and Another v Uddin: CA 15 Jun 2005
The question was whether a taxpayer can deduct as input tax the VAT which it has incurred in purchasing entitlements to an EU farm subsidy, the Single Farm Payment. The taxpayer had used those entitlements to annual subsidies over several years and intended to use money resulting from the receipt of those subsidies to fund … Continue reading Revenue and Customs v Frank A Smart and Son Ltd: SC 29 Jul 2019
T The Claimants made nine challenges to parts of an arbitration award made variously under the provisions of sections 67, 68 and 69 of the 1996 Act. Judges: Popplewell J Citations: [2018] EWHC 822 (Comm) Links: Bailii Statutes: Arbitration Act 1996 67 68 69 Jurisdiction: England and Wales Arbitration Updated: 13 April 2022; Ref: scu.609096
The court reconsidered the law relating to penalty clauses in contracts. The first appeal, Cavendish Square Holding BV v Talal El Makdessi, raised the issue in relation to two clauses in a substantial commercial contract. The second appeal, ParkingEye Ltd v Beavis, raised the issue at a consumer level, with a separate issue under the … Continue reading Cavendish Square Holding Bv v Talal El Makdessi; ParkingEye Ltd v Beavis: SC 4 Nov 2015
Judges: Knowles CBE J Citations: [2017] EWHC 116 (Comm), [2017] WLR(D) 69 Links: Bailii, WLRD Statutes: Arbitration Act 1996 Jurisdiction: England and Wales Transport Updated: 31 January 2022; Ref: scu.575362
In the course of the insolvent administration of the bank, substantial additional sums were received. Parties appealed against some orders made on the application to court for directions as to what was to be done with the surplus. Held: The Court considered the so called waterfall of distributions made on liquidation which proved to be … Continue reading LB Holdings Intermediate 2 Ltd, The Joint Administrators of v Lehman Brothers International (Europe), The Joint Administrators of and Others: SC 17 May 2017
Application under section 67 of the Act, seeking to set aside a final merits award of an ICC Tribunal [2015] EWHC 1452 (Comm) Bailii Arbitration Act 1996 England and Wales Arbitration Updated: 30 December 2021; Ref: scu.546999
Field J [2006] EWHC 1664 (Comm), [2006] ArbLR 20 Bailii Arbitration Act 1996 67 68 69 England and Wales Citing: See Also – Vee Networks Limited v Econet Wireless International Limited QBD 14-Dec-2004 The court considered a complaint that the arbitration award was faulty or lack of jurisdiction under the agreement founding it. . . … Continue reading Econet Satellite Services Ltd v Vee Networks Ltd: ComC 13 Jul 2006
The respondent insurers had been held liable in Washington, and had been granted indemnity against the appellants by the Court of Appeal. The insurance contract had been under the law of Pennsylvania, but that of the re-insurance under the law of England and Wales. Held: The claimant’s appeal succeeded. The re-insurance contract was governed by … Continue reading Lexington Insurance Co v AGF Insurance Ltd: HL 30 Jul 2009
The parties had earlier compromised their dispute, with the claimant undertaking not to lodge any further claim unless he did so within a certain time. They now sought to commence action. Held: When considering whether to discharge such an undertaking the court should ask: ‘whether it would be just to deprive the respondent of the … Continue reading Di Placito v Slater and others: CA 19 Dec 2003
Loss of agent’s share for breach within LLP The court was asked whether the principle that a fiduciary (in particular, an agent) who acts in breach of his fiduciary duties can lose his right to remuneration, is capable of applying to profit share of a partner in a partnership or a member of a limited … Continue reading Hosking v Marathon Asset Management Llp: ChD 5 Oct 2016
kaneira)ecbComc0514 The claimant, a professional cricketer disciplined for alleged match fixing, sought to challenge the results of an arbitration of his dispute with the respondent. He alleged a serious irregularity in that the Arbitral Panel had exceeded its powers in the punishments imposed. Held: The application for leave was refused. Though he was bound by … Continue reading Kaneria v The English and Wales Cricket Board Ltd: ComC 6 May 2014
The claimant had achieved a judgment in arbitration proceedings abroad against the respondent foreign government regarding contracts providing services for the Holy Places in Saudi Arabia. The contract made no express provision for the nationality of applicable law. The respondent had not been party itself to the contract. The ICC award, given according to French … Continue reading Dallah Real Estate and Tourism Holding Company v The Ministry of Religious Affairs, Government of Pakistan: SC 3 Nov 2010
No appeal on facts from award The defendant ship owners sought to strike out the claimant’s appeal against an arbitration award to the extent that that appeal consisted of an appeal against the factual findings. The claimant argued that the parties had agreed that such an appeal would be possible, and that they had been … Continue reading Guangzhou Dockyards Co Ltd v Ene Aegiali I: ComC 5 Nov 2010
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The applicants had been imprisoned and held without trial, being suspected of international terrorism. No criminal charges were intended to be brought. They were foreigners and free to return home if they wished, but feared for their lives if they did. A British subject, who was suspected in the exact same way, and there were … Continue reading A v Secretary of State for the Home Department, and X v Secretary of State for the Home Department: HL 16 Dec 2004
Contract Damages; What follows the Breach Naturaly The plaintiffs had sent a part of their milling machinery for repair. The defendants contracted to carry it, but delayed in breach of contract. The plaintiffs claimed damages for the earnings lost through the delay. The defendants appealed, saying that the damages were too remote. Held: The case … Continue reading Hadley v Baxendale: Exc 23 Feb 1854
Alleged Serious Irregularity in Arbitration The claimant as tenant challenged an arbitration award alleging serious irregularities in the arbitration process under section 68 of the 1996 Act. The court considered whether at the time of service of the notice the land must then be required for use. Held: No serious irregularity was shown. Jarman QC … Continue reading Rees v Windsor-Clive and Others: ChD 11 Nov 2020
The claims arose in connection with the validity and alleged infringement of a European Patent on erythropoietin (‘EPO’). Held: ‘Construction is objective in the sense that it is concerned with what a reasonable person to whom the utterance was addressed would have understood the author to be using the words to mean. Notice, however, that … Continue reading Kirin-Amgen Inc and others v Hoechst Marion Roussel Limited and others etc: HL 21 Oct 2004
The landlord had opted to charge VAT on part of the rent. The tenant fell into arrears and now challenged a notice to quit which included the VAT. The court was asked what constituted ‘rent’ for the purposes of a demand for rent founding a notice to quit an agricultural tenancy. Held: The notice had … Continue reading Mason v Boscawen: ChD 18 Dec 2008
The owners of a ship sought to rescind charters saying that they had been procured by bribery. Held: A claim to rescind a contract by reason of bribery fell within the scope of an arbitration clause under which the parties had agreed to refer to arbitration ‘any dispute arising under this charter’. The issue of … Continue reading Premium Nafta Products Ltd (20th Defendant) and others v Fili Shipping Company Ltd and others; Fiona Trust and Holding Corporation v Privalov: HL 17 Oct 2007
Treatment of Merchant as War Vessel The House considered when a merchant vessel may be treated on the same footing as a war vessel and be deemed to be engaged on a warlike operation. Held: This depended on the nature of the cargo and the voyage: ‘She was then in the act of proceeding in … Continue reading Yorkshire Dale Steamship Co Ltd v Minister of War Transport: HL 1942
Notice of dismissal begins when received by worker The court was asked: ‘If an employee is dismissed on written notice posted to his home address, when does the notice period begin to run? Is it when the letter would have been delivered in the ordinary course of post? Or when it was in fact delivered … Continue reading Newcastle Upon Tyne Hospitals NHS Foundation Trust v Haywood: SC 25 Apr 2018
The plaintiff, on arriving at the airport found that his luggage had been lost. The defendant denied liability saying he had not notified his claim within the requisite period.
Held: Elementary justice requires that the rules by which the . .
The applicant, a Belgian butcher, paid a fine by way of settlement in the face of an order for the closure of his shop until judgment was given in an intended criminal prosecution or until such fine was paid.
Held: Since the payment was made . .
The claimant seeks leave under s.69(3) of the Arbitration Act 1996 to appeal from the award in a statutory arbitration commenced by the defendants as tenants under Part 4 of the Small Business, Enterprise and Employment Act 2015 (‘the 2015 Act’) and . .
One party sought a declaration that arbitrators should have no jurisdiction to determine claims for commission said to be due to the Respondent chartering brokers.
Held: Because he has in effect become a statutory assignee of the promisee’s . .
References: [1986] AC 965, [1986] 2 WLR 1051, [1986] 2 All ER 409 Coram: Lord Goff of Chieveley A claim had been made against charterers by the ship owners, and in turn by the charterers against their sub-charterers. Notice of motion were issued after arbitration awards were not accepted. When heard, costs awards were made, … Continue reading Aiden Shipping Co Ltd v Interbulk Ltd (The ‘Vimeira’): HL 1986
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
