The claimant had purchased the interests of a failed Formula One car racing team, including, it said, the right to enter a team in Formula One races. It claimed to have been unlawfully excluded from racing.
Held: The claimant had failed to comply with the requirements imposed upon participants, and was not entitled to race. Since the claimant sought rights under the contract, it was bound by the agreement to refer disputes to arbitration. As to costs, there was still a need to serve a letter before action, and in the absence of such a letter, even in a case where there was no pre-action protocol, a party could not complain if he was ordered to pay the other party’s costs on an indemnity basis.
Judges:
The Vice Chancellor
Citations:
Times 27-Jun-2002, Gazette 27-Jun-2002, EWHC 1028 (Ch), [2002] EWHC 1028 (Ch)
Links:
Statutes:
Arbitration Act 1996 9 44, Civil Procedure Rules
Jurisdiction:
England and Wales
Citing:
Cited – Schiffahrtsgesellschaft Detlef Von Appen Gmbh v Wiener Allianz Versichrungs Ag and Voest Alpine Intertrading Gmbh CA 16-Apr-1997
. .
Lists of cited by and citing cases may be incomplete.
Contract, Arbitration, Costs, Civil Procedure Rules
Updated: 01 October 2022; Ref: scu.171275
