Surefire Systems Ltd v Guardian ECL Ltd (Record no. 76813)

MARC details
000 -LEADER
fixed length control field 02052cab a2200181 4500
001 - CONTROL NUMBER
control field ##L133123
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060412n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u133123
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Surefire Systems Ltd v Guardian ECL Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWHC 1860 TCC, 10 August 2005. S applied for leave to appeal under the Arbitration Act s69 against an arbitrator's award. S had engaged G to install cabling in a fire and voice alarm system. When the parties were unable to agree as to final payment, G commenced arbitration. The arbitrator found that G was entitled to an additional payment in respect of variations plus interest, and clarified his award some days later after receiving further correspondence. S argued that the arbitrator had ignored the burden of proof and had awarded sums to G on no supporting evidence, and had disregarded cl 10 of the subcontract, as G had failed to comply with the mechanism contained therein. "Held": s69 was intended to prevent parties dressing up questions of fact as questions of law. The evidence admissible on a leave to appeal was limited and generally confined to the award itself and any evidence proving that the identified question of law was of public importance. In this case, the arbitrator had correctly identified the burden of proof and it was not the court's function to review his assessment of the evidence. Neither party had made any submissions at the arbitration hearing as to the meaning or effect of cl 10, so it was no surprise the arbitrator had not referred to it. On neither ground were the requirements of s69 satisfied, and S's application was refused.
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SUREFIRE SYSTEMS LTD V GUARDIAN ECL LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATION ACT 1996
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION-ARBITRATION AWARDS
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/1860.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/1860.html</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 12/04/2006   ONLINE PUBLICATION 133123-1001 06/08/2019 1 06/08/2019 Law report