Star Pubs & Bars Ltd & Anor v McGrath [2021] EWHC 1640 (Ch) (16 June 2021)

Star Pubs & Bars Ltd & Anor v McGrath [2021] EWHC 1640 (Ch) (16 June 2021)

The arbitrator dealt with both central issues: he accepted the tenant's argument that Regulation 19(2)(a) provides a separate right to request a rent assessment, unaffected by failure to serve an MRO notice, and found that the landlord's rent proposal did not comply with Regulation 20 and thus was not a rent assessment. The award was intelligible and adequate, and no serious irregularity or error of law was established.

Citation
[2021] EWHC 1640 (Ch)
Parties
Claimant: Star Pubs & Bars Ltd; Claimant: Punch Partnership (PTL) Ltd; Defendant: Aidan McGrath
Jurisdiction
England and Wales
Judgment Date
16 June 2021
Procedural Posture
Challenge to Arbitration Award / Application for Permission to Appeal / High Court Judgment
Outcome
Application under section 68 and application for permission to appeal under section 69 dismissed.
Legal Topics
Arbitration Act 1996 Sections 68 and 69, Pubs Code Etc. Regulations 2016, Landlord and Tenant Act 1954, Small Business Enterprise and Employment Act 2015, Rent Assessment Proposal Validity, Market Rent Only (mro) Option
Arbitration Landlord and Tenant Commercial Law Arbitration Act 1996 Sections 68 and 69 Pubs Code Etc. Regulations 2016 Landlord and Tenant Act 1954 Small Business Enterprise and Employment Act 2015 Rent Assessment Proposal Validity +1 more

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Parties

Star Pubs & Bars Ltd

Claimant

Punch Partnership (PTL) Ltd

Claimant

Aidan McGrath

Defendant

Procedural Posture

Challenge to Arbitration Award / Application for Permission to Appeal / High Court Judgment

Legal Issues

  1. 1 Whether the arbitrator failed to deal with all issues put to him under section 68(2)(d) Arbitration Act 1996
  2. 2 Whether the tenant's request for a rent assessment proposal under regulation 19(2)(a) Pubs Code was valid
  3. 3 Whether the landlord's rent proposal constituted a rent assessment under the Code

Ratio Decidendi

The arbitrator dealt with both central issues: he accepted the tenant's argument that Regulation 19(2)(a) provides a separate right to request a rent assessment, unaffected by failure to serve an MRO notice, and found that the landlord's rent proposal did not comply with Regulation 20 and thus was not a rent assessment. The award was intelligible and adequate, and no serious irregularity or error of law was established.

Court Disposition

Application under section 68 and application for permission to appeal under section 69 dismissed.

Orders

  • Costs reserved pending outcome of applications.
  • Tenant's applications to extend time and for relief from sanctions allowed.