"Everett and others v Barribal" (1993) Lincoln County Court. Landlord served notice to pay; tenant paid all the rent except the owner`s drainage rate which he deducted before paying the drainage authority. landlord gave notice to quit. Arbitration raised numerous issues as to estoppel, set-off, counterclaim etc. Arbitrator awarded in favour of landlord and said his award was available to be taken up on payment of his costs of over £21000. The tenant declined to pay. The landlord paid eventually, more tha 21 days after the making of the award. On one interpretation the tennat was out of time for appealing before he knew the contents of the award. Tenant applied to have the award set aside, remitted or varied and sought leave to appeal out of time. The landlord opposed the application. Held: leave to appeal was not needed as time did not start to run until the tenant received the award. This is contrary to a long line of commercial arbitration cases. The arbitrator was guilty of miscon