David Wilson Homes Ltd v Survey Services Ltd & Anor [2001] EWCA Civ 34 (18 January 2001)

David Wilson Homes Ltd v Survey Services Ltd & Anor [2001] EWCA Civ 34 (18 January 2001)

The clause in the insurance policy is an arbitration agreement within the meaning of section 6 of the Arbitration Act 1996 because it provides for disputes to be referred to a Queen's Counsel for a binding resolution, and the formal appointment process supports this interpretation.

Citation
[2001] EWCA Civ 34
Parties
Claimant/respondent: David Wilson Homes Limited; First Defendant: Survey Services Limited (now in liquidation); Second Defendant/appellant: David Jonathan Marshall
Jurisdiction
England and Wales
Judgment Date
18 January 2001
Procedural Posture
Civil Appeal / Appeal From Technology and Construction Court
Outcome
Appeal allowed
Legal Topics
Arbitration Agreement Interpretation, Stay of Proceedings, Insurance Policy Disputes
Arbitration Insurance Law Civil Procedure Arbitration Agreement Interpretation Stay of Proceedings Insurance Policy Disputes

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Parties

David Wilson Homes Limited

Claimant/respondent

Survey Services Limited (now in liquidation)

First Defendant

David Jonathan Marshall

Second Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Technology and Construction Court

Legal Issues

  1. 1 Whether a clause referring disputes to Queen's Counsel constitutes an arbitration agreement under the Arbitration Act 1996
  2. 2 Whether proceedings should be stayed under section 9(4) of the Arbitration Act 1996

Ratio Decidendi

The clause in the insurance policy is an arbitration agreement within the meaning of section 6 of the Arbitration Act 1996 because it provides for disputes to be referred to a Queen's Counsel for a binding resolution, and the formal appointment process supports this interpretation.

Court Disposition

Appeal allowed

Orders

  • Appeal succeeds with costs of the appeal and costs below.
  • Proceedings to be stayed.