The freeholder had proposed a loft conversion, and sought but was refused agreement from the trustees of the estate management scheme. The scheme required any owner wanting to make a material alteration to the appearance of a property to obtain the prior written consent of the trustees. That consentwas not to be unreasonably withheld. The arbitrator held in his favour, and the trustees appealed.
Held: The test for the arbitrator was not what decision he would have made, but whether the decision made by the trustees was one which could have been reached by a reasonable man in the circumstances. The matter was remitted to the arbitrator.
Judges:
Jonathan Crowe QC
Citations:
Times 22-Feb-2007, [2007] EWHC 410 (Ch), [2007] ArbLR 15
Links:
Jurisdiction:
England and Wales
Land, Arbitration
Updated: 19 November 2022; Ref: scu.341731
