McCarrick v. The Gaiety (Sligo) Ltd. [2001] IEHC 56; [2001] 2 IR 266; [2002] 1 ILRM 55 (2nd April, 2001)

McCarrick v. The Gaiety (Sligo) Ltd. [2001] IEHC 56; [2001] 2 IR 266; [2002] 1 ILRM 55 (2nd April, 2001)

The court found that a procedural mishap prevented the applicant from receiving a fair hearing, and that the injustice to the applicant outweighed any detriment to the respondent. The court exercised its discretion under Section 36(1) of the Arbitration Act, 1954, to remit the matter to the arbitrator for reconsideration, subject to strict terms regarding costs.

Citation
[2001] IEHC 56
Parties
Applicant/lessee: Catherine McCarrick; Respondent/lessor: The Gaiety (Sligo) Limited
Jurisdiction
Ireland
Procedural Posture
Special Summons / Application to Remit Arbitration Award
Outcome
Matter remitted to arbitrator for reconsideration
Legal Topics
Remission of Arbitration Award, Procedural Mishap, Rent Review, Discretion of Court Under Arbitration Act
Arbitration Contract Law Property Law Remission of Arbitration Award Procedural Mishap Rent Review Discretion of Court Under Arbitration Act

Case Brief

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Parties

Catherine McCarrick

Applicant/lessee

The Gaiety (Sligo) Limited

Respondent/lessor

Procedural Posture

Special Summons / Application to Remit Arbitration Award

Legal Issues

  1. 1 Whether the court should remit an arbitration award due to procedural mishap
  2. 2 Scope of court's discretion under Section 36(1) of the Arbitration Act, 1954

Ratio Decidendi

The court found that a procedural mishap prevented the applicant from receiving a fair hearing, and that the injustice to the applicant outweighed any detriment to the respondent. The court exercised its discretion under Section 36(1) of the Arbitration Act, 1954, to remit the matter to the arbitrator for reconsideration, subject to strict terms regarding costs.

Court Disposition

Matter remitted to arbitrator for reconsideration

Orders

  • Applicant/Lessee to recoup to Respondent/Lessor £1,094.69 being the arbitrator’s fee for the award of 1st August, 2000, or so much thereof as has not already been paid.
  • Applicant/Lessee to pay the costs of the Respondent/Lessor in and about the remission.