Penwith District Council v VP Developments Ltd [electronic resource]
Language: English Publication details: 2007Subject(s): Online resources: Summary: [2007] EWHC 2544 (TCC). 2 November 2007. Contracts and agreements for work should be clear about fees and schedules of payments to avoid costly misunderstandings. The applicant local authority applied for leave to appeal against an interim award of damages made by an arbitrator in favour of the respondent contractor (V). The local authority employed V to supply windows in the maintenance of an estate. V asked for an interim payment which was refused, so V borrowed from the bank. V served notice of arbitration after the local authority failed to make full payment. The arbitrator made an award in favour of V with compound interest on the grounds that a loan and the interest on it was foreseeable from the pre-contract correspondence. The local authority argued that the arbitrator had acted irrationally. Held: Application refused. Only questions of law were appropriate subject for appeal, not challenging a finding of fact on the basis of it being unreasonable or irrational. There was no error of law; it was not for the court to decide its own view of the facts in lieu of the arbitrator.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 142224-2001 |
[2007] EWHC 2544 (TCC). 2 November 2007. Contracts and agreements for work should be clear about fees and schedules of payments to avoid costly misunderstandings. The applicant local authority applied for leave to appeal against an interim award of damages made by an arbitrator in favour of the respondent contractor (V). The local authority employed V to supply windows in the maintenance of an estate. V asked for an interim payment which was refused, so V borrowed from the bank. V served notice of arbitration after the local authority failed to make full payment. The arbitrator made an award in favour of V with compound interest on the grounds that a loan and the interest on it was foreseeable from the pre-contract correspondence. The local authority argued that the arbitrator had acted irrationally. Held: Application refused. Only questions of law were appropriate subject for appeal, not challenging a finding of fact on the basis of it being unreasonable or irrational. There was no error of law; it was not for the court to decide its own view of the facts in lieu of the arbitrator.