Whiting v Halverson & Ors [2002] EWCA Civ 1858 (8 October 2002)

Whiting v Halverson & Ors [2002] EWCA Civ 1858 (8 October 2002)

Permission to appeal was granted because the first instance decision was made on an erroneous basis and there are arguable points regarding the exclusivity of arbitration/appeal remedies and whether the arbitration agreement was rescinded by conduct.

Citation
[2002] EWCA Civ 1858
Parties
Applicant: Albert Whiting; Defendant: William Halverson; Defendant: Edmund Hall; Defendant: Jill Prendergast; Defendant: Alan Gillis (and others)
Jurisdiction
England and Wales
Judgment Date
08 October 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)
Outcome
Permission to appeal granted
Legal Topics
Arbitration Agreements, Stay of Proceedings, Club Membership Termination, Interpretation of Club Constitutions, Rescission by Conduct
Civil Procedure Arbitration Contract Law Arbitration Agreements Stay of Proceedings Club Membership Termination Interpretation of Club Constitutions Rescission by Conduct

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Parties

Albert Whiting

Applicant

William Halverson

Defendant

Edmund Hall

Defendant

Jill Prendergast

Defendant

Alan Gillis (and others)

Defendant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether the club constitution provides exclusive remedies (arbitration or appeal) for challenging termination of membership
  2. 2 Whether the arbitration agreement was rescinded by conduct or mutual agreement

Ratio Decidendi

Permission to appeal was granted because the first instance decision was made on an erroneous basis and there are arguable points regarding the exclusivity of arbitration/appeal remedies and whether the arbitration agreement was rescinded by conduct.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted
  • Costs to be costs in the appeal