O'Donoghue v Enterprise Inns Plc

O'Donoghue v Enterprise Inns Plc

The Arbitrator acted within his procedural discretion, gave both parties opportunity to make submissions, and provided reasons for his decisions. No serious irregularity or substantial injustice occurred. The Claimant lost the right to object by not raising objections promptly.

Parties
Claimant: Thomas O'Donoghue; Defendant: Enterprise Inns PLC
Jurisdiction
England and Wales
Judgment Date
29 September 2008
Procedural Posture
Arbitration Challenge / Judgment
Outcome
Application dismissed
Legal Topics
Serious Irregularity, Rent Review, Procedural Fairness, Right to Object, Substantial Injustice
Arbitration Commercial Law Serious Irregularity Rent Review Procedural Fairness Right to Object Substantial Injustice

Case Brief

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Parties

Thomas O'Donoghue

Claimant

Enterprise Inns PLC

Defendant

Procedural Posture

Arbitration Challenge / Judgment

Legal Issues

  1. 1 Whether failure to hold an oral hearing and allow cross-examination constituted a serious irregularity under section 68 of the Arbitration Act 1996
  2. 2 Whether the Arbitrator acted fairly and impartially under section 33 of the Act
  3. 3 Whether the Claimant lost the right to object under section 73 of the Act

Ratio Decidendi

The Arbitrator acted within his procedural discretion, gave both parties opportunity to make submissions, and provided reasons for his decisions. No serious irregularity or substantial injustice occurred. The Claimant lost the right to object by not raising objections promptly.

Court Disposition

Application dismissed

Orders

  • Claim to set aside the award under section 68 fails and is dismissed