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HOK Sport (formerly Lobb Partnership Ltd) and Aintree Racecourse Co Ltd

Series: Construction Law Reports ; [2003] 86 Con LR 165-196(32)Publication details: 2003Subject(s): Summary: [2003] EWHC 3094 (TCC), 12 November 2002. Application by appellant (L) for leave to appeal on a question of law arising out of an arbitrator's award pursuant to the Arbitration Act 1996 s69(2)(b). After considering application L was granted leave to appeal on the question of what basis should quantum of damages recoverable by A as a consequence of H's breaches of its duty to warn A be determined? HC held that the arbitrator should have applied "South Australia Asset Management Co v York Montague Ltd" [1997] AC 191. test in determining basis for liability. It was essential to identify the correct description of the kind of loss for which A was entitled to compensation and this was closely related to the precise scope and purpose of the duty owed to the A by H. H's duty was to provide information and not advice. Arbitrator's award amended on appeal, outlines revised basis for determining quantum of damages.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article X123854 (Browse shelf(Opens below)) 1 Available 123854-1001

[2003] EWHC 3094 (TCC), 12 November 2002. Application by appellant (L) for leave to appeal on a question of law arising out of an arbitrator's award pursuant to the Arbitration Act 1996 s69(2)(b). After considering application L was granted leave to appeal on the question of what basis should quantum of damages recoverable by A as a consequence of H's breaches of its duty to warn A be determined? HC held that the arbitrator should have applied "South Australia Asset Management Co v York Montague Ltd" [1997] AC 191. test in determining basis for liability. It was essential to identify the correct description of the kind of loss for which A was entitled to compensation and this was closely related to the precise scope and purpose of the duty owed to the A by H. H's duty was to provide information and not advice. Arbitrator's award amended on appeal, outlines revised basis for determining quantum of damages.