Cordoba Holdings Ltd v Ballymore Properties Ltd

Cordoba Holdings Ltd v Ballymore Properties Ltd

Cordoba failed to provide evidence of any external works enhancing the power supply carried out by the tenant that should be disregarded for rent review purposes. The arbitrator made no finding on such works, so no relevant question of law arose from the award. The alleged failure to deal with the issue was not a serious irregularity as the issue was not properly put to the arbitrator. Both applications under s.68 and s.69 Arbitration Act 1996 are dismissed.

Parties
Claimant: Cordoba Holdings Ltd; Defendant: Ballymore Properties Ltd
Jurisdiction
England and Wales
Judgment Date
30 June 2011
Procedural Posture
Arbitration Challenge / Appeal / Judgment on Applications Under S.68 and S.69 Arbitration Act 1996
Outcome
Applications dismissed
Legal Topics
Arbitration Award Challenge, Rent Review, Tenant's Improvements, Extension of Time, Serious Irregularity, Appeal on Point of Law
Arbitration Landlord and Tenant Arbitration Award Challenge Rent Review Tenant's Improvements Extension of Time Serious Irregularity Appeal on Point of Law

Case Brief

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Parties

Cordoba Holdings Ltd

Claimant

Ballymore Properties Ltd

Defendant

Procedural Posture

Arbitration Challenge / Appeal / Judgment on Applications Under S.68 and S.69 Arbitration Act 1996

Legal Issues

  1. 1 Whether the arbitrator failed to disregard tenant's external improvements to power supply under the lease for rent review purposes
  2. 2 Whether the arbitrator failed to deal with all issues put to him (serious irregularity under s.68)
  3. 3 Whether leave to appeal under s.69 Arbitration Act 1996 should be granted

Ratio Decidendi

Cordoba failed to provide evidence of any external works enhancing the power supply carried out by the tenant that should be disregarded for rent review purposes. The arbitrator made no finding on such works, so no relevant question of law arose from the award. The alleged failure to deal with the issue was not a serious irregularity as the issue was not properly put to the arbitrator. Both applications under s.68 and s.69 Arbitration Act 1996 are dismissed.

Court Disposition

Applications dismissed

Orders

  • Claims issued by Cordoba on 27th April and 26th August 2010 dismissed
  • No order on Ballymore's application of 8th April 2011, subject to further argument