Martin & Ors v Harris

Martin & Ors v Harris

The court has jurisdiction to set aside the costs award as it is consequential on the substantive award, which was successfully appealed; the powers under section 69(7) of the Arbitration Act 1996 apply to both parts of the award, and the costs award falls with the substantive award.

Parties
Appellant: Andrew Martin; Appellant: Nicholas Greene; Appellant: Coban 2017 LLP (formerly Strutt & Parker LLP); Respondent: Michael Harris
Jurisdiction
England and Wales
Judgment Date
21 October 2019
Procedural Posture
Arbitration Appeal / Post Judgment Consequential Hearing
Outcome
Costs award set aside; question of arbitration costs remitted to Arbitrator.
Legal Topics
Costs, Jurisdiction, Appeals, Arbitration Awards
Arbitration Civil Procedure Costs Jurisdiction Appeals Arbitration Awards

Case Brief

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Parties

Andrew Martin

Appellant

Nicholas Greene

Appellant

Coban 2017 LLP (formerly Strutt & Parker LLP)

Appellant

Michael Harris

Respondent

Procedural Posture

Arbitration Appeal / Post Judgment Consequential Hearing

Legal Issues

  1. 1 Does the court have jurisdiction to set aside or vary the arbitration costs award when only the substantive award was appealed?
  2. 2 Should the costs of the arbitration be reversed and paid by the respondent following the successful appeal?

Ratio Decidendi

The court has jurisdiction to set aside the costs award as it is consequential on the substantive award, which was successfully appealed; the powers under section 69(7) of the Arbitration Act 1996 apply to both parts of the award, and the costs award falls with the substantive award.

Court Disposition

Costs award set aside; question of arbitration costs remitted to Arbitrator.

Orders

  • The Costs Award is set aside.
  • The question of whether Michael Harris should pay all or some of the costs of the arbitration is remitted to the Arbitrator for determination.