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035 _a(Sirsi) u142224
041 0 _aeng
245 0 0 _aPenwith District Council v VP Developments Ltd
_h[electronic resource]
260 _c2007
520 _a[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.
590 _aKA
650 2 4 _aARBITRATION ACT 1979
650 2 4 _aPENWITH DC V VP DEVELOPMENTS
651 4 _aEngland and Wales
_y1543-
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2007/2544.html
_zView the judgment free of charge at www.bailii.org...
942 _n0
999 _c79752
_d79752