Links: Home | swarblaw - law discussions

swarb.co.uk - law index


These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Arbitration - From: 1849 To: 1899

This page lists 8 cases, and was prepared on 03 April 2018.

 
Burnard v Wainwright (1850) 19 LJ QB 423; [1850] LM&P 455
1850


Arbitration, Jurisdiction
B had succeeded in the arbitration award. W later discovered a letter written (he aid) by B which he said should require the re-opening of the arbitration. Held: The court remitted it saying that the arbitrators should decide the issue of whether B had written the letter and then decide what difference it should make. An arbitration clause is capable of governing isues as to jurisdiction.
1 Citers


 
Threlfall v Fanshawe (1850) 19 LJQB 329
1850


Arbitration
There was a dispute about the entitlement of a lay arbitrator, who had been appointed by order of the Court to determine a boundary dispute between two estates, to charge for the attorney he had employed. Held: "Where parties appoint a lay arbitrator, if the reference is to be brought to a safe conclusion, it is almost of necessity he should have professional assistance in the conduct of it and in framing the award"
1 Citers


 
Johnson v Latham (1851) 20 LJ QB 236
1851

Erle J
Arbitration
In an arbitration concerning the right to maintain a weir, one issue was the depth of water which the defendant was entitled to maintain behind the weir. The award directed that, to define the height, marks should be placed as a third party should direct. The arbitrator made an award of costs in favour of the defendant which was taxed by the Master at £172. The award was then successfully challenged on the ground that the arbitrator had wrongly delegated to the third party a question which he should himself have decided. The court remitted the award to the arbitrator, who added a plan indicating what the height of water should be. The defendant claimed costs under the allocatur of the Master after the original award and the plaintiff objected that the costs should have been taxed again after the second award. In support of the plaintiff's argument, Mr Watson said, at p 238 "At the time the Master taxed the costs he had no jurisdiction, for the award was bad". Erle J interrupted: "It was not adjudged bad. It was only sent back to the arbitrator on one point". Mr Watson modified his submission slightly: "After it was so sent back there was no existing award until the new award was made". Erle J commented: "What became of the award as to the residue of the matters which were not sent back, pending the second reference? It seems to be in a manner suspended". Later, Erle J put a question to Mr Watson: "Suppose an award good as to three points, and bad as to the fourth, and sent back as to that alone, as at present advised I am of opinion that the arbitrator is functus officio as to the three and cannot alter his judgment as to them." Mr Watson did not dissent from the substance of this opinion. He said: "The arbitrator must re-award his previous award as to them, or the old award may stand as to them after the new award is made."
1 Citers


 
In The Matter Of William Hind Lord In The Matter Of The Special Act Of The Governor And Company Of Copper Miners In England And In The Matter Of The Companies Clauses Consolidation Act, 1845 [1854] EngR 950; (1854) 1 K & J 90; (1854) 69 ER 382
25 Nov 1854


Arbitration

[ Commonlii ]

 
 Bluck v Munday; 17-Jan-1861 - [1861] EngR 190 (A); (1861) 9 CB NS 557
 
Burgess v Northwich Local Board Unreported 1877
1877


Arbitration
The jurisdiction of an arbiter was not ousted by a mere denial of liability. The authority had a duty to provide at least some prima facie evidence first.
1 Cites

1 Citers


 
Forbes v Underwood (1886) 13 R 465
1886


Scotland, Administrative, Arbitration
The supervisory jurisdiction of the Court of Session was used to compel an arbiter to proceed with an arbitration agreed under a private contract.
1 Citers



 
 Tabernacle Permanent Building Society v Knight; 1892 - [1892] AC 298
 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.