EI Group Plc v Clarke & Anor (Rev 1) [2020] EWHC 1858 (Ch) (18 June 2020)

EI Group Plc v Clarke & Anor (Rev 1) [2020] EWHC 1858 (Ch) (18 June 2020)

The arbitrator made an error of law in interpreting s.42(3)(b) of the 2015 Act, but the determination of the question would not substantially affect the rights of the parties because the arbitrator's decisions were based on independent grounds unaffected by the error.

Citation
[2020] EWHC 1858 (Ch)
Parties
Claimant/applicant: EI Group PLC; Defendant/respondent: John Clarke; Defendant/respondent: Lesley Minnett
Jurisdiction
England and Wales
Judgment Date
18 June 2020
Procedural Posture
Application for Leave to Appeal Under S.69(3) Arbitration Act 1996 / Judgment on Leave to Appeal
Outcome
application dismissed
Legal Topics
Statutory Arbitration, Market Rent Only Option, Pubs Code Compliance, Interpretation of S.42(3)(b) Small Business, Enterprise and Employment Act 2015
Arbitration Property Law Commercial Law Statutory Arbitration Market Rent Only Option Pubs Code Compliance Interpretation of S.42(3)(b) Small Business, Enterprise and Employment Act 2015

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Parties

EI Group PLC

Claimant/applicant

John Clarke

Defendant/respondent

Lesley Minnett

Defendant/respondent

Procedural Posture

Application for Leave to Appeal Under S.69(3) Arbitration Act 1996 / Judgment on Leave to Appeal

Legal Issues

  1. 1 Whether the arbitrator erred in law in interpreting s.42(3)(b) of the Small Business, Enterprise and Employment Act 2015
  2. 2 Whether the determination of the question will substantially affect the rights of the parties under s.69(3) Arbitration Act 1996

Ratio Decidendi

The arbitrator made an error of law in interpreting s.42(3)(b) of the 2015 Act, but the determination of the question would not substantially affect the rights of the parties because the arbitrator's decisions were based on independent grounds unaffected by the error.

Court Disposition

application dismissed

Orders

  • application for leave to appeal under s.69(3) Arbitration Act 1996 is refused