Chilton v Saga Holidays plc [1984] EWCA Civ 1 (03 December 1984)

Chilton v Saga Holidays plc [1984] EWCA Civ 1 (03 December 1984)

Refusal to allow cross-examination solely because one party is unrepresented is contrary to natural justice and not authorised by the County Court Rules; the registrar and judge erred in principle, and the award must be set aside.

Source-derived case information.

Citation
[1984] EWCA Civ 1
Parties
Claimant: Mr. Chilton; Defendant: Saga Holidays Ltd.
Jurisdiction
England and Wales
Judgment Date
03 December 1984
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Small Claims Arbitration, Cross Examination, Natural Justice, Representation in Arbitration
Civil Procedure Arbitration Small Claims Arbitration Cross Examination Natural Justice Representation in Arbitration

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Summary, issues, holding and outcome

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Parties

Mr. Chilton

Claimant

Saga Holidays Ltd.

Defendant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether refusal to allow cross-examination in small claims arbitration where one party is represented and the other is not violates natural justice and the County Court Rules.

Ratio Decidendi

Refusal to allow cross-examination solely because one party is unrepresented is contrary to natural justice and not authorised by the County Court Rules; the registrar and judge erred in principle, and the award must be set aside.

Court Disposition

appeal allowed

Orders

  • award set aside
  • retrial to take place at Westminster County Court