Mylcrist Builders Ltd v Buck (Record no. 80887)

MARC details
000 -LEADER
fixed length control field 02114cab a22002535a 4500
001 - CONTROL NUMBER
control field L145577
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 081023e20080919xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u145577
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Mylcrist Builders Ltd v Buck
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2008
520 ## - SUMMARY, ETC.
Summary, etc. [2008] EWHC 2172 (TCC), 19 September 2008.The case shows that when dealing with consumers, care must be taken to ensure that the implications of arbitration clauses are properly explained. The applicant building company (M) applied for permission to enforce an arbitration award against the respondent homeowner (B). M had been contracted to build an extension to B's bungalow with a contract referring all disputes to arbitration. After a dispute arose, M sought to commence arbitration by appointing an arbitrator (H). Following advice, B refused to submit to arbitration because the arbitration clause could be unfair. With an agreement signed only by M, H found in M's favour. Held: application refused. The arbitrator was not validly appointed under the Arbitration Act 1996, where the joint appointment of a sole arbitrator was required and the defendant refused to agree. Furthermore, the existence of an arbitration clause did not exclude or hinder a consumer's right to take legal action. The arbitration clause caused a significant imbalance to the defendant to her detriment and was thus unfair under the Unfair Terms in Consumer Contracts Regulations 1999. The arbitration award did not have to be enforced.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CONSUMER CONTRACTS REGULATIONS 1999
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ARBITRATION ACT 1996
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MYLCRIST BUILDERS LTD V BUCK
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BRYEN & LANGLEY LTD V BOSTON
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element DIRECTOR OF FAIR TRADING V FIRST NATIONAL BANK PLC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ZEALANDER V LAING HOMES LTD
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
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
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2008/2172.html">https://www.bailii.org/ew/cases/EWHC/TCC/2008/2172.html</a>
Public note View the case 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 23/10/2008   ONLINE PUBLICATION 145577-1001 06/08/2019 1 06/08/2019 Law report