Handley v Nationwide Anglia Building Society
Handley v Nationwide Anglia Building Society
- 1992
- Estates Gazette (1992) 29 EG 123-126(3) .
QBD 15 January 1992. An application by notice of motion under the Arbitration Act 1950 s23, by the landlord (H) to set aside an arbitration award made in a rent review dispute with the tenant (N) in respect of offices in Deal, Kent. The reasons for the application were as follows (1) there was no evidence before the arbitrator to justify two reductions he made from certain comparables (2) the arbitrator wrongly made a further reduction in respect of planning permission (3) he had wrongly excluded a transaction in respect of 1 Broad Street and (4) he had held Broad Street in a less favourable trading pitch than two of the comparables. Held that there was merit in the applicant`s complaint. Accordingly the award was set aside.
ARBITRATION ACT 1950 S23
ARBITRATORS' AWARDS
AWARD
QBD 15 January 1992. An application by notice of motion under the Arbitration Act 1950 s23, by the landlord (H) to set aside an arbitration award made in a rent review dispute with the tenant (N) in respect of offices in Deal, Kent. The reasons for the application were as follows (1) there was no evidence before the arbitrator to justify two reductions he made from certain comparables (2) the arbitrator wrongly made a further reduction in respect of planning permission (3) he had wrongly excluded a transaction in respect of 1 Broad Street and (4) he had held Broad Street in a less favourable trading pitch than two of the comparables. Held that there was merit in the applicant`s complaint. Accordingly the award was set aside.
ARBITRATION ACT 1950 S23
ARBITRATORS' AWARDS
AWARD