24 January 2014
Patley Wood Farm LLP v Brake and another [2013] EWHC 4035 (Ch), [2014] All ER (D) 48 (Jan)
The exercise of a discretion under s 42 of the Arbitration Act 1996 did not require a court to revisit the award of an arbitrator that was sought to be enforced. That would create great difficulty, as the hearing under s 42 of the Act would be a lengthy and detailed affair. Further, the order under appeal would be itself a factor to be born in mind, but would not be conclusive.
