Pulis v Crystal Palace [2016] EWHC 2999 (Comm) (Hearing 17 A 18 November 2016)

Pulis v Crystal Palace [2016] EWHC 2999 (Comm) (Hearing 17 A 18 November 2016)

The tribunal did not ignore material evidence or fail to deal with tax issues; no substantial injustice occurred. The s.68 challenge fails and the arbitral awards are enforced.

Citation
[2016] EWHC 2999 (Comm)
Parties
Claimant: Tony Pulis; Defendant: Crystal Palace
Jurisdiction
England and Wales
Procedural Posture
Arbitration Challenge and Enforcement / High Court Judgment on S.68 Challenge and Enforcement
Outcome
Application dismissed; arbitral awards enforced.
Legal Topics
Serious Irregularity Under Arbitration Act 1996 S.68, Fraudulent Misrepresentation, Repudiation of Contract, Damages, Tax Consequences of Damages, Costs and Interest
Arbitration Employment Law Contract Law Serious Irregularity Under Arbitration Act 1996 S.68 Fraudulent Misrepresentation Repudiation of Contract Damages Tax Consequences of Damages +1 more

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Parties

Tony Pulis

Claimant

Crystal Palace

Defendant

Procedural Posture

Arbitration Challenge and Enforcement / High Court Judgment on S.68 Challenge and Enforcement

Legal Issues

  1. 1 Whether the arbitral tribunal failed to deal with evidence regarding the date of the Heated Players' Meeting
  2. 2 Whether the tribunal failed to address tax consequences and corporation tax deduction in damages calculation
  3. 3 Whether any substantial injustice occurred under s.68 Arbitration Act 1996

Ratio Decidendi

The tribunal did not ignore material evidence or fail to deal with tax issues; no substantial injustice occurred. The s.68 challenge fails and the arbitral awards are enforced.

Court Disposition

Application dismissed; arbitral awards enforced.

Orders

  • Enforcement of Partial Final Award and Final Award for damages (£1.5 million for repudiation, £2.276 million for deceit, plus interest and costs)
  • Defendant to use reasonable endeavours to assist Claimant in recovering tax/NIC from HMRC, and to pay over any recovered sums to Claimant to avoid double recovery