Legal News

AA 1996, s 68 challenge succeeds for failure to hear costs arguments (Oldham v QBE)

Published on: 08 December 2017
Published by: LexisPSL
  • AA 1996, s 68 challenge succeeds for failure to hear costs arguments (Oldham v QBE)
  • Original news
  • What are the practical implications of the judgment?
  • What was the background to the judgment?
  • What were the issues before the court?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: Mr Justice Popplewell in the Commercial Court determined a litigant in person insured’s challenges and appeal against two arbitral awards under section 68 of the Arbitration Act 1996 (AA 1996) (on grounds of serious irregularity) and AA 1996, s 69 (appeal on a point of law). The appeal related to the reimbursement of defence costs paid out under an insurance policy which the arbitrator found did not provide coverage. The court found no error of law and upheld the arbitrator’s decision on the point. The serious irregularity challenges were, however, successful as the tribunal ordered costs and a payment on account of costs in favour of the insurer without giving the insured a fair opportunity to present his arguments. or take a trial to read the full analysis.

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