000 01855cam a2200217 4500
001 X121614
008 030312n2003 000 0 eng u
035 _a(Sirsi) u121614
245 _aCheckpoint Ltd v Strathclyde Pension Fund
260 _c2003
490 _aEstates Gazette
_v[2003] 14 EG 124-132(9)
520 _a[2003] EWCA Civ 84, 6 February 2003. Appeal against HC decision (ChD WB3812-08) by tenant (C)seeking to set aside an award made by an arbitrator, a chartered surveyor, in respect of a rent review. The HC dismissed a challenge to the award on the grounds of serious irregularities within the Arbitration Act 1996 s68 but granted permission to appeal to the CA on two points. Firstly had the arbitrator used inquisitorial powers without following the agreed procedure and secondly had he failed to deal with the issue of over-supply and poor demand? CA upheld the HC's decision dismissing the challenge to the award on the grounds of serious irregularities. The CA dismissed the claims that the arbitrator had exercised inquisitorial powers and that he had failed to deal with the issue of over-supply of and poor demand for comparable premises. Whilst expressing sympathy for C's position in seeing the rent doubled and the arbitrator accepting the landlord's expert figures , the CA dismissed any idea of serious procedural irregularity in the conduct of the arbitration. Appeal dismissed. View judgment at www.courtservice.gov.uk.
590 _aABS
650 _aCHECKPOINT LTD V STRATHCLYDE PENSION FUND
650 _aRENT REVIEWS
650 _aARBITRATORS' AWARDS
650 _aRENT REVIEW DISPUTES
690 _aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2003/84.html
_zView judgment on the Bailii website.
942 _n0
999 _c72298
_d72298