Kevin Osler v Marlene Osler & Ors

Kevin Osler v Marlene Osler & Ors

The Court of Appeal lacks jurisdiction to hear an appeal from a High Court refusal of permission to appeal an arbitration award under s. 69 of the Arbitration Act 1996 unless leave is granted by the High Court, which was refused in this case.

Parties
Claimant/appellant: Kevin Osler; Defendant/respondent: Marlene Osler; Defendant/respondent: Dale Osler; Defendant/respondent: Jolene Osler
Jurisdiction
England and Wales
Judgment Date
21 November 2024
Procedural Posture
Civil Appeal / Appeal From High Court Decision on Arbitration Award
Outcome
Appeal dismissed for lack of jurisdiction.
Legal Topics
Appeal on Point of Law, Jurisdiction, Valuation of Partnership Assets, Permission to Appeal, Interpretation of Partnership Deed
Arbitration Partnership Law Civil Procedure Appeal on Point of Law Jurisdiction Valuation of Partnership Assets Permission to Appeal Interpretation of Partnership Deed

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Parties

Kevin Osler

Claimant/appellant

Marlene Osler

Defendant/respondent

Dale Osler

Defendant/respondent

Jolene Osler

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision on Arbitration Award

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to hear an appeal from a High Court refusal of permission to appeal an arbitration award under s. 69 of the Arbitration Act 1996
  2. 2 Whether the High Court judge was correct to dismiss the application to set aside or vary the order refusing permission to appeal
  3. 3 Whether the arbitrator's award on valuation was obviously wrong

Ratio Decidendi

The Court of Appeal lacks jurisdiction to hear an appeal from a High Court refusal of permission to appeal an arbitration award under s. 69 of the Arbitration Act 1996 unless leave is granted by the High Court, which was refused in this case.

Court Disposition

Appeal dismissed for lack of jurisdiction.

Orders

  • Appeal dismissed.
  • No jurisdiction to hear the appeal.