P v Q

SIR MICHAEL BURTON GBE SITTING AS A JUDGE OF THE HIGH COURT ____________________

Timothy Killen and Ruth Kennedy (instructed by Kennedys Law LLP) for the Claimant John Russell QC for the Respondent Hearing and Judgment date: 24 June 2020 Delivery of these Reasons 26 June 2020 ____________________

i) it is a finding of fact which is incorrect in the light of what I have set out above as to the Reply and Amended Reply. Hence there is alleged to be a breach of the Arbitrator's duty under s. 33 of the Act (s. 68(2)(a)), because it was an incorrect finding, said to have been later admitted as such by the arbitrator, which the Claimant was given no opportunity to correct and/or a serious irregularity under s. 68 (2) (i)).

i) The Claimant will contend that the words of the Request for Arbitration, quoted in paragraph 2 above, allows for the making of a claim by reference to the proposed new implied term and/or the tort of deceit, in which case the claim would not be statute barred;

iii) The Claimant's then solicitors' " disavowal " was of a case that at that stage the pleading alleged deceit;