Meher v K&K Real Estate Development Ltd [2021] EWHC 1793 (TCC) (01 July 2021)

Meher v K&K Real Estate Development Ltd [2021] EWHC 1793 (TCC) (01 July 2021)

Permission to extend time to set aside the arbitration awards was refused due to lack of sufficient justification; proceedings were struck out and costs summarily assessed in favour of the successful party.

Citation
[2021] EWHC 1793 (TCC)
Parties
Claimant/respondent in the Arbitration: Davod Meher; Defendant/claimant in the Arbitration: K&K Real Estate Development Limited
Jurisdiction
England and Wales
Judgment Date
01 July 2021
Procedural Posture
Application to Set Aside Arbitration Awards and Application for Final Charging Order / Post Arbitration Enforcement and Strike Out Applications
Outcome
Application to set aside arbitration awards refused; proceedings struck out; final charging order made; costs summarily assessed.
Legal Topics
Enforcement of Arbitration Awards, Extension of Time, Costs Assessment, Strike Out Applications
Arbitration Civil Procedure Enforcement of Arbitration Awards Extension of Time Costs Assessment Strike Out Applications

Case Brief

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Parties

Davod Meher

Claimant/respondent in the Arbitration

K&K Real Estate Development Limited

Defendant/claimant in the Arbitration

Procedural Posture

Application to Set Aside Arbitration Awards and Application for Final Charging Order / Post Arbitration Enforcement and Strike Out Applications

Legal Issues

  1. 1 Whether permission should be granted to bring an application to set aside arbitration awards out of time
  2. 2 Whether proceedings to set aside arbitration awards should be struck out
  3. 3 Whether a final charging order should be made

Ratio Decidendi

Permission to extend time to set aside the arbitration awards was refused due to lack of sufficient justification; proceedings were struck out and costs summarily assessed in favour of the successful party.

Court Disposition

Application to set aside arbitration awards refused; proceedings struck out; final charging order made; costs summarily assessed.

Orders

  • Final charging order granted
  • Proceedings struck out