Source: All England Reporter
Publisher Citation: [2002] All ER (D) 409 (Mar)
Neutral Citation: [2002] EWCA Civ 405
Court: Court of Appeal, Civil Division
Judge:

Peter Gibson, Aldous and Tuckey LJJ
Representation Richard Plender QC (instructed by Ince & Co) for the owners.
  William Godwin (instructed by Elborne Mitchell) for the charterers.
Judgment Dates: 26 March 2002

Catchwords

Arbitration - Award - Permission to appeal to Court of Appeal against grant or refusal of permission to appeal to High Court - Judge failing to give reasons for refusal of permission to appeal to Court of Appeal - Whether Court of Appeal having jurisdiction to grant permission itself - s 69.

The Case

The Court of Appeal had a residual jurisdiction under the to grant permission to appeal against a judge's refusal to grant permission to appeal to the Court of Appeal where there was an allegation of unfairness as well as where there was an allegation of misconduct. Furthermore, when a judge granted or refused permission to appeal either to the High Court from an arbitration award or to the Court of Appeal from a decision on an appeal from an arbitration award, he would have to give reasons for that decision, although where the challenge was not that the tribunal's decision was obviously wrong or open to serious doubt those reasons need only refer to which of the conditions under s69(3) of the Act the applicant had failed to meet. Where the challenge was that the tribunal's decision was obviously wrong or open to serious doubt, further reasons might be needed although that would depend on the individual case.

Practice Areas

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