000 01558cam a2200193 4500
001 X123854
008 031006n2003 000 0 eng u
035 _a(Sirsi) u123854
245 _aHOK Sport (formerly Lobb Partnership Ltd) and Aintree Racecourse Co Ltd
260 _c2003
490 _aConstruction Law Reports
_v[2003] 86 Con LR 165-196(32)
520 _a[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.
650 _aHOK SPORT (FORMERLY LOBB PARTNERSHIP LTD V AINTREE RACECOURSE
650 _aDAMAGES
650 _aDUTY OF CARE
650 _aARCHITECTS
690 _aMANGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
942 _n0
999 _c73559
_d73559