Squibb Group Ltd v Pole 2 Pole Scaffolding Ltd

Squibb Group Ltd v Pole 2 Pole Scaffolding Ltd

There was a substantial and unexplained delay of 84 days in bringing the application, for which SGL had no reasonable excuse. The merits of the proposed appeal were weak, and P2P would suffer irremediable prejudice if an extension were granted. The application for extension of time and permission to appeal was refused.

Parties
Claimant/defendant: Squibb Group Limited; Defendant/claimant: Pole 2 Pole Scaffolding Limited
Jurisdiction
England and Wales
Judgment Date
29 September 2017
Procedural Posture
Arbitration Claim / Application for Extension of Time and Permission to Appeal Arbitration Award
Outcome
Application refused
Legal Topics
Extension of Time, Permission to Appeal Arbitration Award, Enforcement of Arbitration Award
Arbitration Civil Procedure Extension of Time Permission to Appeal Arbitration Award Enforcement of Arbitration Award

Case Brief

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Parties

Squibb Group Limited

Claimant/defendant

Pole 2 Pole Scaffolding Limited

Defendant/claimant

Procedural Posture

Arbitration Claim / Application for Extension of Time and Permission to Appeal Arbitration Award

Legal Issues

  1. 1 Whether to extend time for appealing against an arbitration award under section 69 of the Arbitration Act 1996
  2. 2 Whether to grant permission to appeal on a point of law under section 69 of the Arbitration Act 1996
  3. 3 Whether to set aside the order granting permission to enforce the award and grant a stay pending appeal

Ratio Decidendi

There was a substantial and unexplained delay of 84 days in bringing the application, for which SGL had no reasonable excuse. The merits of the proposed appeal were weak, and P2P would suffer irremediable prejudice if an extension were granted. The application for extension of time and permission to appeal was refused.

Court Disposition

Application refused

Orders

  • Refusal to extend time for bringing the arbitration claim
  • Refusal of permission to appeal under section 69(2) of the Arbitration Act 1996