Coal Authority v Trustees of the Nostell Trust & Ors
Citation: EWHC 154 (TCC); [2005] Arb LR 16
Nature of case:
The Coal Authority applied for permission to appeal against an arbitrator’s award, being a sum granted to the Trustees in respect of remedial works to a Grade I listed building, necessitated by subsidence for which the Coal Authority was responsible. It was argued by the Coal Authority that the arbitrator had made errors of law under ss.12 and 19 of the Coal Mining Subsidence Act 1991.
HHJ Coulson QC denied permission to appeal, as regarded the argument on s.19, on the basis that the award was not open to serious doubt under s.69(3)(c) of the Arbitration Act 1996. Further, permission to appeal was denied as regarded s.12, in that the issue would not substantially affect the rights or obligations of the parties as required under s.69(3)(a) of the 1996 Act, and in any event the arbitrator’s decision was not obviously wrong, and the issue was not one of general public importance.
