Cordoba Holdings Ltd v Ballymore Properties Ltd [2011] EWHC 1636 (Ch) (30 June 2011)

Cordoba Holdings Ltd v Ballymore Properties Ltd [2011] EWHC 1636 (Ch) (30 June 2011)

Cordoba failed to provide sufficient evidence that external works enhancing the power supply were tenant's improvements to be disregarded for rent review purposes; the arbitrator made no finding on this issue, so no relevant question of law arose out of the award and there was no serious irregularity.

Citation
[2011] EWHC 1636 (Ch)
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
Claims dismissed
Legal Topics
Rent Review, Tenant's Improvements, Arbitration Act 1996 S.68 and S.69, Serious Irregularity, Appeal on Point of Law
Arbitration Landlord and Tenant Rent Review Tenant's Improvements Arbitration Act 1996 S.68 and S.69 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 erred in law by failing to disregard external tenant's improvements to the power supply for rent review purposes
  2. 2 Whether the arbitrator failed to deal with all issues put to him, amounting to serious irregularity under s.68 Arbitration Act 1996
  3. 3 Whether leave to appeal should be granted under s.69 Arbitration Act 1996

Ratio Decidendi

Cordoba failed to provide sufficient evidence that external works enhancing the power supply were tenant's improvements to be disregarded for rent review purposes; the arbitrator made no finding on this issue, so no relevant question of law arose out of the award and there was no serious irregularity.

Court Disposition

Claims dismissed

Orders

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