United Tyre Company Ltd v Born [2004] EWCA Civ 1236 (16 July 2004)

United Tyre Company Ltd v Born [2004] EWCA Civ 1236 (16 July 2004)

Unreasonable delay in bringing an application under Section 28(3) of the Arbitration Act 1996 does not automatically bar relief; the court must consider all circumstances, including prejudice and notice given, and may allow the application if it is reasonable to do so despite delay.

Citation
[2004] EWCA Civ 1236
Parties
Claimant/respondent: United Tyre Company Ltd; Defendant/appellant: Graham I Born
Jurisdiction
England and Wales
Judgment Date
16 July 2004
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application dismissed
Legal Topics
Arbitrator's Fees, Delay in Bringing Claims, Section 28 Arbitration Act 1996, Discretion to Refuse Relief for Delay
Arbitration Civil Procedure Arbitrator's Fees Delay in Bringing Claims Section 28 Arbitration Act 1996 Discretion to Refuse Relief for Delay

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Parties

United Tyre Company Ltd

Claimant/respondent

Graham I Born

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether unreasonable delay in bringing an application under Section 28(3) of the Arbitration Act 1996 bars relief to challenge arbitrator's fees
  2. 2 Whether absence of prejudice to the arbitrator affects the court's discretion to allow the application despite delay

Ratio Decidendi

Unreasonable delay in bringing an application under Section 28(3) of the Arbitration Act 1996 does not automatically bar relief; the court must consider all circumstances, including prejudice and notice given, and may allow the application if it is reasonable to do so despite delay.

Court Disposition

Application dismissed

Orders

  • Renewed application for permission to appeal refused