Penwith District Council v VP Developments Ltd

Penwith District Council v VP Developments Ltd

The application for leave to appeal was refused because the arbitrator's findings were findings of fact and inferences from fact, not errors of law. The arbitrator correctly applied the law to the facts as found, and there was no material error of law to justify granting leave to appeal under the Arbitration Act 1979.

Source-derived case information.

Parties
Claimant: Penwith District Council; Defendant: VP Developments Limited (In Company Voluntary Arrangement)
Jurisdiction
England and Wales
Judgment Date
02 November 2007
Procedural Posture
Arbitration Appeal / Application for Leave to Appeal From Arbitral Award
Outcome
Application for leave to appeal refused
Legal Topics
Compound Interest, Damages, Appeals on Questions of Law, Hadley V Baxendale Second Limb
Arbitration Contract Law Compound Interest Damages Appeals on Questions of Law Hadley V Baxendale Second Limb

Source-derived case record

Summary, issues, holding and outcome

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Parties

Penwith District Council

Claimant

VP Developments Limited (In Company Voluntary Arrangement)

Defendant

Procedural Posture

Arbitration Appeal / Application for Leave to Appeal From Arbitral Award

Legal Issues

  1. 1 Whether the arbitrator erred in law in holding that the second limb of Hadley v Baxendale applied, entitling VP Developments to compound interest as damages
  2. 2 Whether the arbitrator's findings were questions of law or fact and thus appealable

Ratio Decidendi

The application for leave to appeal was refused because the arbitrator's findings were findings of fact and inferences from fact, not errors of law. The arbitrator correctly applied the law to the facts as found, and there was no material error of law to justify granting leave to appeal under the Arbitration Act 1979.

Court Disposition

Application for leave to appeal refused