J T Mackley & Company Ltd v Gosport Marina Ltd, Court of Appeal - Technology and Construction Court, July 03, 2002, [2002] EWHC 1315 (TCC)
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J T Mackley & Company Ltd v Gosport Marina Ltd, Court of Appeal - Technology and Construction Court, July 03, 2002, [2002] EWHC 1315 (TCC)
Case No: HT-02-211Neutral Citation No. [2002] EWHC 1315 (TCC) IN THE HIGH COURT OF JUSTICEQUEENS BENCH DIVISIONTECHNOLOGY AND CONSTRUCTION COURTSt. Dunstan's House,133-137, Fetter Lane,London, EC4A 1HDDate: 3 July 2002B e f o r e :HIS HONOUR JUDGE RICHARD SEYMOUR Q.C. - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -Peter Coulson Q.C. (instructed by Hammond Suddards Edge for the Claimant)Geoffrey Hawker (instructed by Blake Lapthorn for the Defendant)- - - - - - - - - - - - - - - - - - - - -JUDGMENT: APPROVED BY THE COURT FOR HANDING DOWNH.H. Judge Richard Seymour Q. C. : Introduction1. In this action, commenced on behalf of the Claimant, J.T. Mackley & Co. Ltd. (``Mackley'') under the provisions of Part 8 of the Civil Procedure Rules on 30 May 2002, Mackley seeks a declaration that a document entitled ``In the matter of an arbitration between Gosport Marina Limited Issuing Party and J.T. Mackley & Co. Ltd. First Respondent and Posford Haskoning Ltd. Second Respondent Joint Notice of Dispute and Notice to Refer'', to which I shall refer in this judgment as ``the Notice to Refer'', is invalid. Mackley also seeks an order that any arbitration based on the Notice to Refer be stayed.2. The Defendant in this action is Gosport Marina Ltd. (``Gosport''). The Notice to Refer was given to Mackley on behalf of Gosport by its solicitors, Messrs. Blake Lapthorn, on 23 April 2002. 3. An application has been issued on behalf of Gosport under Part 11 of the Civil Procedure Rules seeking orders that the claim of Mackey in this action be set aside, service of the Claim Form be set aside and the proceedings be stayed. The grounds upon which that application was stated to have been made were that, so it was contended, the effect of Arbitration Act 1996 s.1(c) and s.32 was that the Court had no jurisdiction to determine the question whether the Notice to Refer was invalid without the agreement in writing of the other parties to the arbitration proceedings which it was contended had been commenced by the giving of the Notice to Refer or without the consent of the arbitrator appointed to decide the issues raised by the Notice to Refer.4. Following the giving of the Notice to Refer Mr. Michael Morris was appointed by the President of the Institution of Civil Engineers on 10 June 2002 as arbitrator in relation to the matters raised in it so far as M...See the full content of this document
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