CGU International Insurance plc and Others v Astrazeneca Insurance Co Ltd
CGU International Insurance plc and Others v Astrazeneca Insurance Co Ltd
- 2006
[2006] EWCA Civ 1340, 16 October 2006. The applicant captive insurance company (C) applied for permission to appeal against the judge's refusal of permission to appeal under the Arbitration Act 1996 s69(8). The arbitration tribunal had reached a majority decision on what was the applicable law, but the judge preferred the minority view and refused C leave to appeal. C submitted that the judge's decision was unfair and in breach of the European Convention on Human Rights Art 6. "Held": the CA had a residual discretion in a case of unfairness in the decision making process of a refusal of permission to appeal under the 1996 Act s69(8), but there was no such unfairness in this case.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
ARBITRATION ACT 1996 S69(8)
CGU INTERNATIONAL INSURANCE PLC AND OTHERS V ASTRAZENECA INSURANCE CO LTD
England and Wales--1543-
[2006] EWCA Civ 1340, 16 October 2006. The applicant captive insurance company (C) applied for permission to appeal against the judge's refusal of permission to appeal under the Arbitration Act 1996 s69(8). The arbitration tribunal had reached a majority decision on what was the applicable law, but the judge preferred the minority view and refused C leave to appeal. C submitted that the judge's decision was unfair and in breach of the European Convention on Human Rights Art 6. "Held": the CA had a residual discretion in a case of unfairness in the decision making process of a refusal of permission to appeal under the 1996 Act s69(8), but there was no such unfairness in this case.
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
ARBITRATION ACT 1996 S69(8)
CGU INTERNATIONAL INSURANCE PLC AND OTHERS V ASTRAZENECA INSURANCE CO LTD
England and Wales--1543-