House of Fraser Ltd v Scottish Widows Plc [2011] EWHC 2800 (Ch) (28 October 2011)

Permission to appeal was refused because none of the alleged errors constituted questions of law fairly and squarely put before the arbitrator; all issues raised were factual determinations within the arbitrator's remit and not open to challenge under section 69 Arbitration Act 1996.

Citation: [2011] EWHC 2800 (Ch)
Parties: Claimant: House of Fraser Ltd; Defendant: Scottish Widows Plc
Jurisdiction: England and Wales
Judgment Date: 28 October 2011
Procedural Posture: Application for Permission to Appeal Under Section 69 Arbitration Act 1996 / Oral Hearing of Permission to Appeal
Outcome: Permission to appeal refused
Legal Topics: Rent Review, Appeal on Point of Law, Arbitration Award Challenge, Lease Interpretation

Arbitration Property Law Commercial Law Rent Review Appeal on Point of Law Arbitration Award Challenge Lease Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 4

Parties

House of Fraser Ltd

Claimant

Scottish Widows Plc

Defendant

Procedural Posture

Application for Permission to Appeal Under Section 69 Arbitration Act 1996 / Oral Hearing of Permission to Appeal

Legal Issues

1 Whether the arbitrator was entitled to have regard to post-review date hindsight evidence
2 Whether the arbitrator could take into account speculative assumptions about the actions of the actual tenant when determining hypothetical lessee approach
3 Whether the arbitrator could rely on unfounded speculative findings about the actual lessee's position

Ratio Decidendi

Court Disposition

Permission to appeal refused