Cantrell & Anor v Wright & Fuller Ltd

Cantrell & Anor v Wright & Fuller Ltd

The judge did not act in excess of jurisdiction or commit procedural unfairness; he was entitled to make necessary findings of fact and apply the law to the issues as defined. The application for permission to appeal is refused.

Parties
Claimant/respondent: B R Cantrell; Claimant/respondent: E P Cantrell; Defendant/applicant: Wright & Fuller Limited
Jurisdiction
England and Wales
Judgment Date
29 October 2003
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From High Court (technology and Construction Court) Decision Under Section 69 of the Arbitration Act 1996
Outcome
Permission to appeal refused
Legal Topics
Jurisdiction Under Arbitration Act 1996 Section 69, Procedural Fairness in Appeals, Construction of Commercial Contracts
Arbitration Civil Procedure Contract Law Jurisdiction Under Arbitration Act 1996 Section 69 Procedural Fairness in Appeals Construction of Commercial Contracts

Case Brief

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Parties

B R Cantrell

Claimant/respondent

E P Cantrell

Claimant/respondent

Wright & Fuller Limited

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From High Court (technology and Construction Court) Decision Under Section 69 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the judge acted in excess of jurisdiction under section 69 of the Arbitration Act 1996 by deciding questions of law on the basis of findings not made by the arbitrator or arguments not advanced
  2. 2 Whether there was procedural unfairness justifying intervention by the Court of Appeal

Ratio Decidendi

The judge did not act in excess of jurisdiction or commit procedural unfairness; he was entitled to make necessary findings of fact and apply the law to the issues as defined. The application for permission to appeal is refused.

Court Disposition

Permission to appeal refused

Orders

  • Permission to appeal refused