Newfield Construction Ltd v Tomlinson

Citation: 97 Con LR 148 TCC and [2004] EWHC 3051 (TCC)

Nature of case:
In a dispute over the meaning of “gross developer’s margin” it was held that leave to appeal on a point of law should be granted, since the arbitrator’s post-award correspondence revealed a fundamental misunderstanding of the respondent’s case.  The arbitrator had failed to decide the point stated in the pleadings, which would have constituted serious irregularity had the appeal not been allowed.

Link to Judgment 


Alexander Nissen KC

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