Jolyon Thomas Roy Limbrick v Thomas Stephen Roy Limbrick

Jolyon Thomas Roy Limbrick v Thomas Stephen Roy Limbrick

The claimant failed to prove that the arbitration agreement had become inoperative or incapable of being performed. There was no express or implied agreement between the parties to abandon arbitration, and the mere resignation of the arbitrator or dissatisfaction with fees did not amount to abandonment. The stay of proceedings must therefore be re-imposed.

Parties
Claimant: Jolyon Thomas Roy Limbrick; Defendant: Thomas Stephen Roy Limbrick
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Civil Arbitration/partnership Dispute / Application to Set Aside Order Lifting Stay of Proceedings
Outcome
Application to set aside order lifting stay granted; stay re-imposed.
Legal Topics
Stay of Proceedings, Arbitration Agreement, Proprietary Estoppel, Section 9 Arbitration Act 1996, Variation/setting Aside of Orders
Civil Procedure Arbitration Partnership Law Stay of Proceedings Arbitration Agreement Proprietary Estoppel Section 9 Arbitration Act 1996 Variation/setting Aside of Orders

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Parties

Jolyon Thomas Roy Limbrick

Claimant

Thomas Stephen Roy Limbrick

Defendant

Procedural Posture

Civil Arbitration/partnership Dispute / Application to Set Aside Order Lifting Stay of Proceedings

Legal Issues

  1. 1 Whether the order lifting the stay of proceedings should be set aside
  2. 2 Whether the arbitration agreement is inoperative or incapable of being performed under Section 9(4) Arbitration Act 1996
  3. 3 Whether there was an agreement to abandon arbitration

Ratio Decidendi

The claimant failed to prove that the arbitration agreement had become inoperative or incapable of being performed. There was no express or implied agreement between the parties to abandon arbitration, and the mere resignation of the arbitrator or dissatisfaction with fees did not amount to abandonment. The stay of proceedings must therefore be re-imposed.

Court Disposition

Application to set aside order lifting stay granted; stay re-imposed.

Orders

  • Stay of proceedings re-imposed under Section 9 Arbitration Act 1996
  • Transfer to Bristol and permission to amend pleadings not disturbed