House of Fraser Ltd v Scottish Widows Plc

House of Fraser Ltd v Scottish Widows Plc

Permission to appeal was refused because none of the alleged legal issues were fairly and squarely put before the arbitrator, the arbitrator's findings were factual, not legal errors, and the statutory requirements under section 69(3) were not satisfied.

Parties
Claimant: House of Fraser Ltd; Defendant: Scottish Widows Plc
Jurisdiction
England and Wales
Judgment Date
28 October 2011
Procedural Posture
Arbitration Appeal / Application for Permission to Appeal Under Section 69 of the Arbitration Act 1996
Outcome
Permission to appeal refused.
Legal Topics
Rent Review, Appeal on Point of Law, Arbitration Act 1996 Section 69, Lease Interpretation
Arbitration Commercial Law Property Law Rent Review Appeal on Point of Law Arbitration Act 1996 Section 69 Lease Interpretation

Case Brief

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Parties

House of Fraser Ltd

Claimant

Scottish Widows Plc

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the arbitrator was entitled to have regard to post-review date hindsight evidence
  2. 2 Whether the arbitrator could take into account speculative assumptions about the actions of the actual tenant when the lease was granted
  3. 3 Whether the arbitrator could rely on unfounded speculative findings about the position of the actual lessee in 2009

Ratio Decidendi

Permission to appeal was refused because none of the alleged legal issues were fairly and squarely put before the arbitrator, the arbitrator's findings were factual, not legal errors, and the statutory requirements under section 69(3) were not satisfied.

Court Disposition

Permission to appeal refused.

Orders

  • Permission to appeal under section 69 of the Arbitration Act 1996 is refused.
  • Submissions to be heard on consequential orders.