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Gbangbola and another v Smith & Sherriff Ltd

Language: English Series: All England Law Reports ; [1998] 3 ALL ER 730-740(11)Publication details: 1998Subject(s): Summary: QBD 20 March 1998. G entered into a building contract with S. There was a dispute as to whether the work was complete and S referred the matter to arbitration. An interim award found for G on the question of whether the work was complete at the relevant date. The final award ruled in favour of G on some issues and for S on others, and ordered that G should pay the costs of S; relying on two matters which the parties had not raised. G applied to the court challenging the award and order for costs on the ground of serious irregularity under s68 Arbitration Act 1996. S contended that since G had not applied to the arbitrator for any ambiguities in the award to be removed then the whole of the application was barred. "Held" failure to take up the ambiguities with the arbitrator did not effect the main ground of challenge concerning costs. The arbitrator`s action constituted a serious irregularity within the meaning of the Act. The application in relation to costs was allowed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS59250 (Browse shelf(Opens below)) 1 Available 88433-1001

QBD 20 March 1998. G entered into a building contract with S. There was a dispute as to whether the work was complete and S referred the matter to arbitration. An interim award found for G on the question of whether the work was complete at the relevant date. The final award ruled in favour of G on some issues and for S on others, and ordered that G should pay the costs of S; relying on two matters which the parties had not raised. G applied to the court challenging the award and order for costs on the ground of serious irregularity under s68 Arbitration Act 1996. S contended that since G had not applied to the arbitrator for any ambiguities in the award to be removed then the whole of the application was barred. "Held" failure to take up the ambiguities with the arbitrator did not effect the main ground of challenge concerning costs. The arbitrator`s action constituted a serious irregularity within the meaning of the Act. The application in relation to costs was allowed.