The Historic Buildings of Monuments Commission for England v Isambard Estates Ltd
The arbitrator was not obviously wrong in his construction of clause 32.1.10 of the lease, and the issue estoppel argument could not be relied upon as it was not raised before the arbitrator. There were substantial arguments for both interpretations, but the threshold for permission to appeal was not met.
- Parties
- Claimant: The Historic Buildings and Monuments Commission for England; Defendant: Isambard Estates Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 16 June 2005
- Procedural Posture
- Arbitration Appeal / Application for Permission to Appeal Arbitration Award
- Outcome
- Permission to appeal refused
- Legal Topics
- Rent Review, Issue Estoppel, Construction of Lease Clauses
Case Brief
Summary, issues, holding and outcome
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Parties
The Historic Buildings and Monuments Commission for England
Claimant
Isambard Estates Ltd
Defendant
Procedural Posture
Arbitration Appeal / Application for Permission to Appeal Arbitration Award
Legal Issues
- 1 Whether the arbitrator was bound by the previous arbitrator's decision under issue estoppel or the Henderson v Henderson principle
- 2 Whether the arbitrator was obviously wrong in his construction of clause 32.1.10 of the lease regarding rent review
Ratio Decidendi
The arbitrator was not obviously wrong in his construction of clause 32.1.10 of the lease, and the issue estoppel argument could not be relied upon as it was not raised before the arbitrator. There were substantial arguments for both interpretations, but the threshold for permission to appeal was not met.
Court Disposition
Permission to appeal refused
Full Case Text
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