United Tyre Company Ltd v Born

Unreasonable delay in bringing an application under s.28(3) does not automatically bar relief; absence of prejudice and early notice to challenge fees justified allowing the claim to proceed.

Parties: Claimant/respondent: United Tyre Company Ltd; Defendant/appellant: Graham I Born
Jurisdiction: England and Wales
Judgment Date: 16 July 2004
Procedural Posture: Civil Appeal / Renewed Application for Permission to Appeal
Outcome: application dismissed
Legal Topics: Delay in Bringing Claims, Assessment of Arbitrator's Fees, Discretion Under Arbitration Act 1996 S.28(3)

Arbitration Civil Procedure Delay in Bringing Claims Assessment of Arbitrator's Fees Discretion Under Arbitration Act 1996 S.28(3)

Case Brief

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Parties

United Tyre Company Ltd

Claimant/respondent

Graham I Born

Defendant/appellant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

1 Whether unreasonable delay in bringing an application under s.28(3) of the Arbitration Act 1996 bars relief
2 Whether lack of prejudice to the arbitrator affects the court's discretion to allow assessment of fees

Ratio Decidendi

Unreasonable delay in bringing an application under s.28(3) does not automatically bar relief; absence of prejudice and early notice to challenge fees justified allowing the claim to proceed.

Court Disposition

application dismissed

Orders

renewed application for permission to appeal refused