Harvey v MIB 21st December 2011- no appeal against arbitrator’s decision
January 24th, 2012 by malcolm
In this case (reported from the Mercantile Court and available on Lawtel), Judge Hegarty QC sitting at Manchester Civil Justice Centre decided that it was not appropriate to grant leave to appeal against an arbitrator’s decision refusing compensation because there was no evidence that the untraced motorist involved had been driving negligently.Under the Arbitration Act 1996, appeals were only permissible where the arbitrator had made some error of law, and the arbitrator’s decision was, essentially, a factual matter not giving rise to any question of law.
See the series of cases under the title of Evans v MIB in our caselaw library for an example of an appeal against an arbitration.
