| Source: | All England Reporter |
| Publisher Citation: | [2004] All ER (D) 97 (Dec) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Brooke, Clarke and Neuberger LJJ |
| Representation | John Robson (instructed by Leigh Williams, Bromley) for the claimant. |
| Kirsten Houghton (instructed by Boyd & Hutchinson) for the defendant. | |
| Judgment Dates: | 7 December 2004 |
Catchwords
Arbitration - Stay of court proceedings - Mandatory stay - Dispute between parties - Parties agreeing to refer any dispute arising in connection with building contract to arbitration - Claimant issuing proceedings in respect of unpaid sums - Defendant failing to serve withholding notices in respect of payments - Existence of dispute - Judge granting defendant stay of proceedings - Correctness of decision - s 9 - s 111.
The Case
In the instant case, the judge had been entitled to grant the defendant a stay of proceedings under s9 of the . Section111 of the Housing Grants and Regeneration Act 1996 was silent in respect of the question whether moneys withheld without notice could be subject to arbitration or not, and there was nothing in s111 to stop entitlement of a stay under the Arbitration Act if it would otherwise be granted.
Practice Areas
Lexis®Library
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
