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.| 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.