New decision on section 68 of the Arbitration Act 1996: Shipleys Foodservice Limited v Hounslow LBC
Nicholas Dowding QC successfully resisted an application under section 68 to set aside a rent review arbitrator’s award. Nugee J held, in essence, that
(1) a point put forward by the tenant’s surveyor in his evidence to the arbitrator that a particular comparable was not to be relied on because it was a letting to a special purchaser, which the arbitrator had not expressly dealt with in his award, was not an “issue” within the meaning of s. 68(2)(d) and so was not an “irregularity”.
(2) That there was “real doubt” as to whether even if there had been an irregularity, it had caused or would cause substantial injustice to the applicant.
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