Home Information Cases Harrison v Thompson & Or (1989)

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Harrison v Thompson & Or (1989)

Summary

Court may remit award if there is a risk of injustice

Discretion to remit an arbitrator's award by Arbitration Act 1950,s.22(1) was exercisable where risk of injustice existed. Even if the discretion was general, case references to the interests of justice could not be taken literally; deliberate choices, however erroneous by the parties were excluded from the discretion's ambit. The court ordered remission of an award where an arbitrator contrary to the parties expectations but, because of their error made an award of the arbitration's costs part of the arbitration award without hearing the parties submissions on costs & had thereby caused "a procedural mishap" within The Aros (1978) 1LR 456.

Facts

Held

Chancery Division
Knox J
Judgment date
28 July 1989
References

​[1989] 1 WLR 1325 : Independent, August 28, 1989