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Appeals where leave to appeal is not required in relation to the Technology and Construction Court

Parties to a construction contract should check whether they have agreed in the underlying contract that an appeal may be brought without leave, since some construction and engineering standard forms of contract so provide. If that is the case, the appeal may be set down for a substantive hearing without leave being sought. The arbitration claim form should set out the clause or provision which it is contended provides for such agreement and the claim form should be marked “Arbitration Appeal – Leave not required”. Where leave is not required, the claimant should identify each question of law that it is contended arises out of the award and which it seeks to raise in an appeal under section 69. If the defendant does not accept that the questions thus identified are questions of law or maintains that they do not arise out of the award or that the appeal on those questions may not be brought for any other reason, then the defendant should notify the claimant and the Technology and Construction Court of its contentions and apply for a directions hearing before the judge nominated to hear the appeal on a date prior to the date fixed for the hearing of the appeal. Unless the judge hearing the appeal otherwise directs, the appeal will be confined to the questions of law identified in the arbitration claim form. In an appropriate case, the judge may direct that the question of law to be raised and decided on the appeal should be reworded, so as to identify more accurately the real legal issue between the parties.

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(2020, 10). Appeals lawi.org.uk Retrieved 09, 2021, from https://lawi.org.uk/appeals/

10 2020. 09 2021 <https://lawi.org.uk/appeals/>

"Appeals" lawi.org.uk. lawi.org.uk, 10 2020. Web. 09 2021. <https://lawi.org.uk/appeals/>

"Appeals" lawi.org.uk. 10, 2020. Accesed 09 2021. https://lawi.org.uk/appeals/

Sophia Russell, 'Appeals' (lawi.org.uk 2020) <https://lawi.org.uk/appeals/> accesed 2021 September 22

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Schema Summary

  • Article Name: Appeals
  • Author: Sophia Russell
  • Description: Appeals where leave to appeal is not required in relation to the Technology and Construction Court [rtbs [...]

This entry was last updated: October 29, 2020



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