Smyth-Tyrrell & Anor v Sowden [2017] EWHC 2331 (Ch) (14 July 2017)

Smyth-Tyrrell & Anor v Sowden [2017] EWHC 2331 (Ch) (14 July 2017)

The landlords failed to provide a reasonable explanation for the 30-day delay in issuing the claim form, and the court found no exceptional circumstances justifying departure from the statutory time limit. The application for extension of time was refused.

Citation
[2017] EWHC 2331 (Ch)
Parties
Claimant: Stephen Smyth-Tyrrell; Claimant: Beaujolois Smyth-Tyrrell; Defendant: Kenneth Peter Sowden
Jurisdiction
England and Wales
Judgment Date
14 July 2017
Procedural Posture
Application to Challenge Arbitration Award / Ruling on Application for Extension of Time
Outcome
Application for extension of time refused
Legal Topics
Extension of Time, Challenge to Arbitration Award, Statutory Arbitration, Agricultural Holdings Act
Arbitration Agricultural Law Extension of Time Challenge to Arbitration Award Statutory Arbitration Agricultural Holdings Act

Case Brief

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Parties

Stephen Smyth-Tyrrell

Claimant

Beaujolois Smyth-Tyrrell

Claimant

Kenneth Peter Sowden

Defendant

Procedural Posture

Application to Challenge Arbitration Award / Ruling on Application for Extension of Time

Legal Issues

  1. 1 Whether the court should grant an extension of time for issuing a claim form to challenge an arbitration award under the Arbitration Act 1996
  2. 2 Whether the section 57 application extends the time limit under section 70(3) Arbitration Act 1996

Ratio Decidendi

The landlords failed to provide a reasonable explanation for the 30-day delay in issuing the claim form, and the court found no exceptional circumstances justifying departure from the statutory time limit. The application for extension of time was refused.

Court Disposition

Application for extension of time refused

Orders

  • Refusal of extension of time to issue claim form challenging arbitration award
  • No extension granted for section 57 application