November 9, 2017

Arbitration claim successfully defeated at the High Court

News Article

The construction team at Palmers has successfully helped a client defeat an arbitration claim at the High Court.

Our legal team acted for Pole 2 Pole Scaffolding Limited (“P2P”) in defeating a claim brought by Squibb Group Limited (“SGL”) for permission to appeal against an arbitration award.

Following a dispute relating to additional scaffolding works carried out by P2P, the parties entered into an arbitration agreement and an arbitrator was appointed.

At arbitration, it was determined that SGL should pay P2P a total of £97,620.19 plus VAT. There was a statutory 28 day period for SGL to appeal against this determination, which expired on 25 May 2017.

However, the firm did not issue an Arbitration Claim Form until 17 August 2017 – 84 days later – to seek and extension of the deadline and for permission to challenge the award.

Determining the case on paper in the Technology and Construction Court, which is part of the High Court, Mrs Justice O’Farrell found that SGL should not be granted an extension and did not have grounds for appeal against the determination made at arbitration. SGL was also order to pay P2P’s costs.

Adam Davis, Palmers Head of Construction Law, said: “We are delighted with the outcome of this case, which sees our client receive a payment totalling almost £100,000.

“This was an important success, which underscores our proficiency in all aspects of construction law.”

For help and support with all aspects of dispute resolution relating to construction and engineering including arbitration and litigation, please contact us.