Gregarious Limited v Westgroup Investment Limited

Gregarious Limited v Westgroup Investment Limited

The statutory notice period under s. 10(2) of the Commercial Rent (Coronavirus) Act 2022 is a strict requirement; references made before expiry are invalid. Section 12 of the Arbitration Act 1996 does not apply to statutory arbitrations, so no extension of time can be granted. The claim was hopeless and bound to fail.

Parties
Claimant: Gregarious Limited; Defendant: Westgroup Investment Limited
Jurisdiction
England and Wales
Judgment Date
16 November 2024
Procedural Posture
Arbitration Claim / Application to Set Aside Order Striking Out Claim and for Permission to Amend Claim Form
Outcome
claim dismissed
Legal Topics
Statutory Arbitration, Protected Rent Debt, Extension of Time, Service of Statutory Notice
Commercial Law Arbitration Statutory Arbitration Protected Rent Debt Extension of Time Service of Statutory Notice

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Parties

Gregarious Limited

Claimant

Westgroup Investment Limited

Defendant

Procedural Posture

Arbitration Claim / Application to Set Aside Order Striking Out Claim and for Permission to Amend Claim Form

Legal Issues

  1. 1 Whether a reference to arbitration under the Commercial Rent (Coronavirus) Act 2022 can be made before expiry of the statutory notice period
  2. 2 Whether the court can grant an extension of time for bringing an arbitration claim under s. 12 of the Arbitration Act 1996 in a statutory arbitration
  3. 3 Whether the arbitrator had jurisdiction to determine the reference

Ratio Decidendi

The statutory notice period under s. 10(2) of the Commercial Rent (Coronavirus) Act 2022 is a strict requirement; references made before expiry are invalid. Section 12 of the Arbitration Act 1996 does not apply to statutory arbitrations, so no extension of time can be granted. The claim was hopeless and bound to fail.

Court Disposition

claim dismissed

Orders

  • application to set aside order of 7 December 2023 dismissed
  • application for permission to amend claim form dismissed