Living Waters Christian Centres Ltd v Appellant [1999] EWCA Civ 1269 (27 April 1999)

Living Waters Christian Centres Ltd v Appellant [1999] EWCA Civ 1269 (27 April 1999)

The arbitrator did not commit misconduct in admitting and relying on evidence relating to St Brigid's School, as he only relied on agreed or undisputed facts, both parties proceeded on the basis that written evidence was admissible, and any error would not amount to misconduct. The arbitrator was entitled to weigh the evidence and reach his own conclusion.

Citation
[1999] EWCA Civ 1269
Parties
Appellant/tenant: Living Waters Christian Centres Ltd; Respondent/landlord: Mr Fetherstonhaugh
Jurisdiction
England and Wales
Judgment Date
27 April 1999
Procedural Posture
Appeal / Judgment on Appeal From High Court Decision Dismissing Application to Set Aside or Remit Arbitration Award
Outcome
Appeal dismissed
Legal Topics
Arbitrator Misconduct, Admissibility of Evidence, Rent Review, Comparable Evidence, Hearsay, Procedural Fairness
Arbitration Landlord and Tenant Property Law Arbitrator Misconduct Admissibility of Evidence Rent Review Comparable Evidence Hearsay +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Living Waters Christian Centres Ltd

Appellant/tenant

Mr Fetherstonhaugh

Respondent/landlord

Procedural Posture

Appeal / Judgment on Appeal From High Court Decision Dismissing Application to Set Aside or Remit Arbitration Award

Legal Issues

  1. 1 Whether the arbitrator committed misconduct by admitting and relying on evidence of a comparable property (St Brigid's School) in breach of his own directions and principles from Land Securities Plc v Westminster City Council [1993] 1 WLR 286.

Ratio Decidendi

The arbitrator did not commit misconduct in admitting and relying on evidence relating to St Brigid's School, as he only relied on agreed or undisputed facts, both parties proceeded on the basis that written evidence was admissible, and any error would not amount to misconduct. The arbitrator was entitled to weigh the evidence and reach his own conclusion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs