Brown and Sons Ltd v Crosby Homes (North West) Ltd [electronic resource]
Brown and Sons Ltd v Crosby Homes (North West) Ltd [electronic resource]
- 2008
[2008] EWHC 817 (TCC).The applicant (B), a loosing party in an arbitration, applied for leave to extend its time for service of the application. B asserted that documents disclosed in a second, subsequent arbitration would have produced a different outcome and so appealed. The court was reluctant to allow the losing party the opportunity to rely on this material in any appeal, even though its veracity was questioned by B. This was because the task of assessing this evidence had been left by the parties to the arbitrator. Held: Application refused. There was no good reason for the delay, especially in a weak case. Witholding documents might be reprehensible. However, withholding or non-disclosure of documents not ordered to be disclosed by the arbitrator or which had not been agreed to be disclosed could not be reprehensible.
ARBITRATION ACT 1996
BROWN (L) & SONS LTD V CROSBY HOMES (NORTH WEST) LTD
England and Wales--1543-
[2008] EWHC 817 (TCC).The applicant (B), a loosing party in an arbitration, applied for leave to extend its time for service of the application. B asserted that documents disclosed in a second, subsequent arbitration would have produced a different outcome and so appealed. The court was reluctant to allow the losing party the opportunity to rely on this material in any appeal, even though its veracity was questioned by B. This was because the task of assessing this evidence had been left by the parties to the arbitrator. Held: Application refused. There was no good reason for the delay, especially in a weak case. Witholding documents might be reprehensible. However, withholding or non-disclosure of documents not ordered to be disclosed by the arbitrator or which had not been agreed to be disclosed could not be reprehensible.
ARBITRATION ACT 1996
BROWN (L) & SONS LTD V CROSBY HOMES (NORTH WEST) LTD
England and Wales--1543-