Morris Homes (West Midlands) Ltd v Keay & Anor
The arbitrator's construction of the agreement and assessment of damages were consistent with established legal principles; the decision was not obviously wrong nor open to serious doubt, and the questions raised were not of general public importance.
- Parties
- Claimant: Morris Homes (West Midlands) Limited; Defendant: Antony Paul Keay; Defendant: Jeffrey David Keay
- Jurisdiction
- England and Wales
- Judgment Date
- 18 April 2013
- Procedural Posture
- Arbitration Claim / Application for Leave to Appeal Arbitral Award
- Outcome
- Leave to appeal refused.
- Legal Topics
- Construction Contracts, Damages Assessment, Leave to Appeal Arbitral Award, Interpretation of Diligence and Reasonable Endeavours Clauses
Case Brief
Summary, issues, holding and outcome
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Parties
Morris Homes (West Midlands) Limited
Claimant
Antony Paul Keay
Defendant
Jeffrey David Keay
Defendant
Procedural Posture
Arbitration Claim / Application for Leave to Appeal Arbitral Award
Legal Issues
- 1 Whether the obligation to 'diligently carry out the Works' under clause 3.1 is independent of the obligation to 'use all reasonable endeavours' under clause 4
- 2 Whether damages assessment should account for monetary benefit obtained by a close associate of the claimant due to deferred expenditure
Ratio Decidendi
The arbitrator's construction of the agreement and assessment of damages were consistent with established legal principles; the decision was not obviously wrong nor open to serious doubt, and the questions raised were not of general public importance.
Court Disposition
Leave to appeal refused.
Full Case Text
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