Error of law: leave to appeal

Section 69 of the Arbitration Act 1996 allows an application for permission to appeal on a point of law, but the test for the grant of permission depends upon whether the issue is of general public importance (in which case the award must be open to serious doubt) or whether the issue is a one-off (in which case the award must be obviously wrong). In Merthyr (South Wales) Ltd v Cwmbargoed Estates Ltd and Another [2019] EWHC 704 (Ch) HHJ Paul Matthews discussed the procedural issues relating to the “obviously wrong” test.

Cwmbargoed Estates : the facts