Oakstead Garages Ltd v Leach Pension Scheme (Trustees) Ltd
Oakstead Garages Ltd v Leach Pension Scheme (Trustees) Ltd
- 1996
- Estates Gazette [1996] 24 EG 147-149 (3) .
ChD 31 January 1996. A was appointed arbitrator to determine rent payable by O to L in respect of a rent review. A stated that he would only inspect comparables from the exterior unless otherwise requested. On receipt of A`s award, O applied for an extension of time to set aside the award on the ground that A had misconducted himself because he never actually inspected the comparables. "Held" application was granted and A`s award remitted. Failure of A to inspect comparables constituted material misconduct.
ARBITRATION ACT 1950
ARBITRATORS' DIRECTIONS
EXTENSION OF TIME
MISCONDUCT
OAKSTEAD GARAGES LTD V LEACH PENSION SCHEME (TRUSTEES) LTD
RENT REVIEWS
ChD 31 January 1996. A was appointed arbitrator to determine rent payable by O to L in respect of a rent review. A stated that he would only inspect comparables from the exterior unless otherwise requested. On receipt of A`s award, O applied for an extension of time to set aside the award on the ground that A had misconducted himself because he never actually inspected the comparables. "Held" application was granted and A`s award remitted. Failure of A to inspect comparables constituted material misconduct.
ARBITRATION ACT 1950
ARBITRATORS' DIRECTIONS
EXTENSION OF TIME
MISCONDUCT
OAKSTEAD GARAGES LTD V LEACH PENSION SCHEME (TRUSTEES) LTD
RENT REVIEWS