Movement on arbitrators' awards (Record no. 74363)

MARC details
000 -LEADER
fixed length control field 02106cam a2200229 4500
001 - CONTROL NUMBER
control field X125797
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 040408n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u125797
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Densham, W.
245 ## - TITLE STATEMENT
Title Movement on arbitrators' awards
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
490 ## - SERIES STATEMENT
Series statement Estates Gazette
Volume/sequential designation (0411) 13 March 2004, 132-132(3)
520 ## - SUMMARY, ETC.
Summary, etc. Looks at recent court challenges to rent reviews under the Arbitration Act 1996 s68. Previously most challenges to arbitrators awards were made under s67 of the Act which permits a challenge on the grounds that the tribunal did not have substantive jurisdiction. S68 applications have been very scarce and allow challenges on the grounds of serious irregularity and substantial injustice. However, the courts heard three of these in 2003 including "Checkpoint Ltd v Strathclyde Pension Fund" ([2003] EWCA Civ 84, X121614). This concerned an award which was proposed by the landlord's expert which was double the current rent. The tenant tried to get the award set aside but the judge dismissed the tenant's claim on the basis that the lease contemplated that the arbitrator would, to a degree, use his own knowledge. The CA agreed with this. In "Guardcliffe Properties Ltd v City and St James Property Holdings" ([2003] EWHC 215 (Ch), [2003] 25 EG 143) the award was set aside as the arbitrator had made a substantial allowance for a rent-free period. It was found that the arbitrator had failed to act in accordance with s33 of the act and his failings had given rise to a substantial injustice to the landlord. Concludes that the courts will not intervene in an arbitrators award unless the arbitrator has stepped outside the boundary of his discretion to an unreasonable extent.
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CHECKPOINT LTD V STRATHCLYDE PENSION FUND
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element WARBOROUGH INVESTMENTS LTD V ROBINSON AND SONS (HOLDINGS) LTD
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element GUARDCLIFFE PROPERTIES LTD V CITY AND ST JAMES
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATORS' AWARDS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATION ACT 1996 S67
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATION ACT 1996 S68
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element LANDLORD AND TENANT-RENT REVIEWS
942 ## - ADDED ENTRY ELEMENTS (KOHA)
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    Dewey Decimal Classification     London London Journal article 08/04/2004   X125797 125797-1001 06/08/2019 1 06/08/2019 Journal article