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"Once a report is truly uncontroverted … All the court needs to do is decide whether the report fulfils certain minimum standards which any expert report must satisfy if it is to be accepted at all."
Arbitration
In a further example of the limited circumstances in which a challenge can be made to an award on the grounds of substantial injustice under section 68 Arbitration Act 1996, the Commercial Court has rejected arguments that in making certain findings relating to the class notation of a vessel, an arbitrator had decided the issue before her on the basis of points the claimant had not had a fair opportunity to deal with. The issue of class had in fact been raised by the claimant and was “in play” in the proceedings.
ASA v TL & Anr
Expert evidence
The High Court has given useful guidance on the correct approach to “uncontroverted” expert evidence, making clear that if an expert report is truly uncontroverted then, provided it is more than a bare assertion, the court just needs to decide whether it fulfils the minimum standards required of any expert report, as set out in the CPR.
Griffiths v TUI UK Ltd
Joinder of parties
In an interesting judgment on the interaction between commercial disputes and criminal matters, the High Court has refused an application to join the National Crime Agency (NCA) to proceedings concerning the payment out of monies from an escrow account which it was contended could put the operator of the account at risk of committing an offence under the Proceeds of Crime Act 2002. By the time of the hearing it was clear that the NCA accepted the payments could be made, and while joining the NCA at the instigation of one of the parties may be conceptually justifiable, the court should be wary of involving it in commercial disputes between private parties against its will.
PDVSA Servicios SA v Clyde & Co LLP & Ors
FOR MORE INFORMATION
Should you wish to discuss any of these cases in further detail, please speak with a member of our London dispute resolution team below, or your regular contact at Watson Farley & Williams:
Partner London
Partner London
Partner London
Partner London
