The tenant sought to appeal against an arbitration award as to his rent. He said that the arbitrator should have allowed him an oral hearing.
Held: The claim failed: ‘the fact that the Arbitrator might have come to a different conclusion if there had been an oral hearing does not begin to establish that the Arbitrator was not acting fairly and impartially as between the parties. Second, as already noted, the Act expressly gives the Arbitrator a discretion on whether to hold an oral hearing. Third, the Arbitrator in his letter of 22nd November invited Mr O’Donoghue to set out his case as to why he wanted an oral hearing. Mr O’Donoghue failed to do this.’
Judges:
Behrens J
Citations:
[2008] EWHC 2273 (Ch), [2008] EWHC B15 (Ch)
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Sinclair v Woods of Winchester Ltd Harrison QBD 14-Jul-2005
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 . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 24 August 2022; Ref: scu.276680