Plymouth v DR Jones (Yeovil) Ltd

Plymouth v DR Jones (Yeovil) Ltd

The application for permission to appeal was dismissed because the alleged errors were either not matters of law, not clearly identified, or not obviously wrong, and did not substantially affect the rights of the parties. The arbitrator's findings were within the permissible range and based on executed contract documents, with no mutual mistake proven.

Parties
Claimant: Council of the City of Plymouth; Defendant: D R Jones (Yeovil) Ltd
Jurisdiction
England and Wales
Judgment Date
31 October 2005
Procedural Posture
Arbitration Appeal / Application for Permission to Appeal Under Section 69 of the Arbitration Act 1996
Outcome
application dismissed
Legal Topics
Rectification, Formation of Contract, Incorporation of Contract Documents, Sectional Completion, Working Hours, Appeal Criteria Under Arbitration Act
Contract Law Arbitration Rectification Formation of Contract Incorporation of Contract Documents Sectional Completion Working Hours Appeal Criteria Under Arbitration Act

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Parties

Council of the City of Plymouth

Claimant

D R Jones (Yeovil) Ltd

Defendant

Procedural Posture

Arbitration Appeal / Application for Permission to Appeal Under Section 69 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the arbitrator erred in law regarding the date of contract formation
  2. 2 Whether the arbitrator erred in law regarding which documents were incorporated into the contract
  3. 3 Whether the arbitrator erred in law regarding contractual dates and sectional completion

Ratio Decidendi

The application for permission to appeal was dismissed because the alleged errors were either not matters of law, not clearly identified, or not obviously wrong, and did not substantially affect the rights of the parties. The arbitrator's findings were within the permissible range and based on executed contract documents, with no mutual mistake proven.

Court Disposition

application dismissed

Orders

  • Council of the City of Plymouth to pay D R Jones (Yeovil) Ltd costs of £4,261.14 within 14 days
  • Costs assessed on indemnity basis