000 02042cam a2200205 4500
001 ##L133652
008 060530n2005 000 0 eng u
035 _a(Sirsi) u133652
041 0 _aeng
245 0 0 _aWalsall Metropolitan Borough Council v Beechdale Community Housing Association Ltd
260 _c2005
520 _a[2005] EWHC 2715 (TCC) 30 November 2005. B purchased 1 500 housing units from W. The contract provided that in the event of a breach of warranty, W would pay B an amount equal to any loss suffered. B claimed that W was in breach of warranty because it failed to disclose documents showing that the structural integrity of the units had been damaged. The arbitrator made an award in favour of B in respect of both actual and future repair costs. W challenged the award on the grounds both of error of law and of serious irregularity. "Held" W was unable to prove an error of law; it was not relying on the award itself, but was seeking to bring in extraneous material, in particular evidence given at the arbitration, which was inadmissible. The arbitrator had not contravened any legal principle, and the application was simply an attempt to re-argue matters already put before the arbitrator. There was also no evidence that any part of the award was tainted by serious irregularity. The arbitrator had heard the evidence and come to a number of conclusions, with which W had not agreed. The arbitrator had not however committed any procedural error in reaching these conclusions. The application was therefore dismissed.
650 2 4 _aWALSALL MBC V BEECHDALE COMMUNITY HOUSING ASSOCIATION LTD
650 2 4 _aARBITRATION ACT 1996 S68
650 2 4 _aARBITRATION ACT 1996 S69
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION-ARBITRATION AWARDS
856 4 1 _uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2005/2715.html
_zView the item free of charge at www.bailii.org...
942 _n0
999 _c105443
_d105443