Halcrow Group Limited vs Blackpool Borough Council and Gordan Bathgate
Citation: [2016] EWHC 3596 (TCC)
The Claimant sought to set aside and/or appeal an arbitrator’s award under ss68/69 of the Arbitration Act 1996 for serious irregularity and/or mistake of law. The Claimant also applied to remove the Second Defendant arbitrator pursuant to s24 of the 1996 Act. In the award the First Defendant recovered damages in relation to the negligent design and construction of a sea wall at Blackpool. The applications were dismissed. The s68 application was held to be an attempt to re-argue points that had already been decided and/or represented procedural or evidential complaints that should have been taken before the arbitrator. The 69 application was dismissed on the basis that the arbitrator had properly summarised and applied the law of causation in reaching his decision.
Vincent Moran appeared for the Second Defendant.