Shaw & Anor v Massey Foundation & Pilings Ltd. [2009] EWHC 493 (TCC) (12 March 2009)
Appellants were not residential occupiers of East Lodge at contract formation; adjudicator had jurisdiction; enforcement of award is mandatory; procedural sequence does not affect right to enforcement.
- Citation
- [2009] EWHC 493 (TCC)
- Parties
- Appellants: Mr and Mrs Christopher Shaw; Respondents: Massey Foundation & Pilings Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 12 March 2009
- Procedural Posture
- Appeal / Permission to Appeal From County Court Orders
- Outcome
- Applications for permission to appeal dismissed.
- Legal Topics
- Adjudication Enforcement, Arbitration Stay, Residential Occupier Exemption, Jurisdiction Under Housing Grants Act
Case Brief
Summary, issues, holding and outcome
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Parties
Mr and Mrs Christopher Shaw
Appellants
Massey Foundation & Pilings Ltd
Respondents
Procedural Posture
Appeal / Permission to Appeal From County Court Orders
Legal Issues
- 1 Whether appellants are residential occupiers under s.106 Housing Grants Act 1996
- 2 Whether enforcement of adjudicator's decision should be stayed for arbitration
- 3 Whether procedural defects in enforcement justify stay
Ratio Decidendi
Appellants were not residential occupiers of East Lodge at contract formation; adjudicator had jurisdiction; enforcement of award is mandatory; procedural sequence does not affect right to enforcement.
Court Disposition
Applications for permission to appeal dismissed.
Orders
- Permission to amend notice of appeal refused.
- Permission to appeal against order of HHJ MacKay dismissed.
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