Summary

Given that a point at issue in arbitration was not of general public importance, it was not just and proper to grant permission to appeal against an arbitration award where the parties had chosen an arbitrator whose decision they should abide by.

Facts

The applicant (K) sought permission to appeal against an arbitration award. K owned the freehold of certain land of which the defendant (W) held a lease. Another party (H) took a sub-lease from W, with K's consent, for the whole of the rest of term of the lease. H became insolvent and the parties went to arbitration to determine whether the grant of the sub-lease had taken effect as an assignment of the lease. It was ruled that the sub-lease was an assignment by operation of law and therefore W, as the original lessee, was not liable for rent payments. K sought permission to appeal against the award under Arbitration Act 1996 s.69.

Held

Having regard to the rare and unusual circumstances in which the point at issue in the arbitration arose, the court was not satisfied it was a point of general public importance. Further, it was not just and proper for a court to determine a question where the parties had chosen an experienced and learned arbitrator. They should be left with the arbitrator's decision and not have the opportunity to challenge it by recourse to the court.

Application refused.