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Coal Authority v Trustees of the Nostell Trust and Ors

Coal Authority v Trustees of the Nostell Trust and Ors 29 January 2005 His Honour Judge Coulson Technology and Commercial Court [2005] EWHC 154 [2005] ArbLR 16 Arbitration award--Appeal--Question of law--Permission--Whether arbitrator applied correct test as to level of remedial works required for historic building (yes)--Whether arbitrator enlarged statutory requirements for remedial works (no)--Whether arbitrator made findings as to notice requirements (yes)--Whether arbitrator made findings as to existence of an emergency (yes)--Whether question of identity of parties making emergency expenditures before the arbitrator (no)--Whether to grant permission to appeal (no)--Arbitration Act 1996, s 69 Award read as a whole showed no error by arbitrator The Coal Authority has obligations under the Coal Mining Subsidence Act 1991 to serve on any party complaining about subsidence a schedule of remedial work, including costs, which the Authority considers would repair the damage. If the schedule is disputed within 28 days of receipt, it may be referred to arbitration by the Lands Tribunal. In the case of emergency works, a party may carry out repairs and then seek reimbursement. Subsidence damage was caused to the Nostell Priory stable block, a grade 1 listed structure. Disputes concerning the scope of remedial works necessary to repair subsidence damage were referred to arbitration. The Coal http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Coal Authority v Trustees of the Nostell Trust and Ors

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Coal Authority v Trustees of the Nostell Trust and Ors

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

29 January 2005 His Honour Judge Coulson Technology and Commercial Court [2005] EWHC 154 [2005] ArbLR 16 Arbitration award--Appeal--Question of law--Permission--Whether arbitrator applied correct test as to level of remedial works required for historic building (yes)--Whether arbitrator enlarged statutory requirements for remedial works (no)--Whether arbitrator made findings as to notice requirements (yes)--Whether arbitrator made findings as to existence of an emergency (yes)--Whether question of identity of parties making emergency expenditures before the arbitrator (no)--Whether to grant permission to appeal (no)--Arbitration Act 1996, s 69 Award read as a whole showed no error by arbitrator The Coal Authority has obligations under the Coal Mining Subsidence Act 1991 to serve on any party complaining about subsidence a schedule of remedial work, including costs, which the Authority considers would repair the damage. If the schedule is disputed within 28 days of receipt, it may be referred to arbitration by the Lands Tribunal. In the case of emergency works, a party may carry out repairs and then seek reimbursement. Subsidence damage was caused to the Nostell Priory stable block, a grade 1 listed structure. Disputes concerning the scope of remedial works necessary to repair subsidence damage were referred to arbitration. The Coal

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.241
Publisher site
See Article on Publisher Site

Abstract

29 January 2005 His Honour Judge Coulson Technology and Commercial Court [2005] EWHC 154 [2005] ArbLR 16 Arbitration award--Appeal--Question of law--Permission--Whether arbitrator applied correct test as to level of remedial works required for historic building (yes)--Whether arbitrator enlarged statutory requirements for remedial works (no)--Whether arbitrator made findings as to notice requirements (yes)--Whether arbitrator made findings as to existence of an emergency (yes)--Whether question of identity of parties making emergency expenditures before the arbitrator (no)--Whether to grant permission to appeal (no)--Arbitration Act 1996, s 69 Award read as a whole showed no error by arbitrator The Coal Authority has obligations under the Coal Mining Subsidence Act 1991 to serve on any party complaining about subsidence a schedule of remedial work, including costs, which the Authority considers would repair the damage. If the schedule is disputed within 28 days of receipt, it may be referred to arbitration by the Lands Tribunal. In the case of emergency works, a party may carry out repairs and then seek reimbursement. Subsidence damage was caused to the Nostell Priory stable block, a grade 1 listed structure. Disputes concerning the scope of remedial works necessary to repair subsidence damage were referred to arbitration. The Coal

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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