Cadent Gas Limited v CityFibre Limited

Cadent Gas Limited v CityFibre Limited

A claim under section 82(1)(b) of the New Roads and Street Works Act 1991 arises under a provision expressed as conferring a right to compensation. Therefore, by section 96(3)(2), such claims are excluded from the mandatory arbitration regime and must be litigated in court.

Parties
Claimant/respondent: Cadent Gas Limited; Defendant/appellant: CityFibre Limited
Jurisdiction
England and Wales
Judgment Date
02 May 2026
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Statutory Construction, Jurisdiction of Arbitrator, Mandatory Arbitration, Compensation Under Statute
Statutory Interpretation Arbitration Law Civil Procedure Statutory Construction Jurisdiction of Arbitrator Mandatory Arbitration Compensation Under Statute

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 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Cadent Gas Limited

Claimant/respondent

CityFibre Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether a claim under section 82(1)(b) of the New Roads and Street Works Act 1991 is subject to mandatory arbitration under section 96(3) of the Act
  2. 2 Whether section 82(1)(b) is a provision 'expressed as conferring a right to compensation' and thus excluded from mandatory arbitration

Ratio Decidendi

A claim under section 82(1)(b) of the New Roads and Street Works Act 1991 arises under a provision expressed as conferring a right to compensation. Therefore, by section 96(3)(2), such claims are excluded from the mandatory arbitration regime and must be litigated in court.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The High Court order setting aside the arbitrator's partial award stands.