header-logo header-logo

Arbitration

20 June 2013
Issue: 7565 / Categories: Case law , Law digest , In Court
printer mail-detail

Philip Hanby Ltd v Clarke [2013] EWCA Civ 647, [2013] All ER (D) 107 (Jun)

It was settled law that: (i) the court referred to in s 69 of the Arbitration Act 1996 was the High Court; (ii) accordingly, only the High Court could give or refuse permission to appeal an arbitrary award pursuant to s 69(2)(b) of the Act; (iii) similarly only a High Court judge could grant permission to appeal under s 69(6) of the Act the High Court judge’s decision under s 69(2)(b) of the Act; (iv) notwithstanding the apparent finality of the High Court’s refusal of permission to appeal from the arbitrary award under s 69(2)(b) of the Act, where the High Court had refused permission to appeal to the Court of Appeal, pursuant to s 69(6), the Court of Appeal retained a residual jurisdiction to set aside the refusal of permission under s 69(2)(b) in certain situations of unfair or improper process; (v) those situations were: (a) where the High Court judge had never reached something that could properly be called a decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

BCL Solicitors—Robert Lawrie

BCL Solicitors—Robert Lawrie

Commercial disputes team lead promoted to partner

Mourant—Tom Fothergill

Mourant—Tom Fothergill

Jersey finance and corporate practice welcomes new partner

Shakespeare Martineau—Solicitor apprentices

Shakespeare Martineau—Solicitor apprentices

Firm launches solicitor apprenticeship programme with inaugural cohort

NEWS
Government plans for offender ‘restriction zones’ risk creating ‘digital cages’ that blur punishment with surveillance, warns Henrietta Ronson, partner at Corker Binning, in this week's issue of NLJ
Louise Uphill, senior associate at Moore Barlow LLP, dissects the faltering rollout of the Leasehold and Freehold Reform Act 2024 in this week's NLJ
Judgments are ‘worthless without enforcement’, says HHJ Karen Walden-Smith, senior circuit judge and chair of the Civil Justice Council’s enforcement working group. In this week's NLJ, she breaks down the CJC’s April 2025 report, which identified systemic flaws and proposed 39 reforms, from modernising procedures to protecting vulnerable debtors
Writing in NLJ this week, Katherine Harding and Charlotte Finley of Penningtons Manches Cooper examine Standish v Standish [2025] UKSC 26, the Supreme Court ruling that narrowed what counts as matrimonial property, and its potential impact upon claims under the Inheritance (Provision for Family and Dependants) Act 1975
In this week's NLJ, Dr Jon Robins, editor of The Justice Gap and lecturer at Brighton University, reports on a campaign to posthumously exonerate Christine Keeler. 60 years after her perjury conviction, Keeler’s son Seymour Platt has petitioned the king to exercise the royal prerogative of mercy, arguing she was a victim of violence and moral hypocrisy, not deceit. Supported by Felicity Gerry KC, the dossier brands the conviction 'the ultimate in slut-shaming'
back-to-top-scroll