Boots the Chemist Limited and Westfield Shopping Towns Limited
| Jurisdiction | Northern Ireland |
| Judge | Coghlin J |
| Judgment Date | 13 February 2003 |
| Neutral Citation | [2003] NIQB 14 |
| Date | 13 February 2003 |
| Court | Queen's Bench Division (Northern Ireland) |
| Year | 2003 |
1
Neutral Citation No [2003] NIQB 14 Ref:
COGC3866
Judgment: approved by the Court for handing down
Delivered:
13/02/2003
(subject to editorial corrections)
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
QUEEN’S BENCH DIVISION (COMMERCIAL LIST)
_________
IN AN ARBITRATION APPLICATION BETWEEN:
BOOTS THE CHEMIST LIMITED
Applicant;
and
WESTFIELD SHOPPING TOWNS LIMITED
Respondent;
and
IN THE MATTER OF AN APPLICATION BETWEEN:
WESTFIELD SHOPPING TOWNS LIMITED
Claimant;
and
BOOTS THE CHEMIST LIMITED
Respondent.
__________
COGHLIN J
[1] This is an application by Boots The Chemist Ltd (“the applicant”) pursuant to
section 69(2)(b) of the Arbitration Act 1996, for leave to appeal to the court from an
interim award made by the Arbitrator Mr Brian Kennedy FRICS, FCIArb. For the
purposes of the application, the applicant was represented by Mr Horner QC while
Mr Hanna QC appeared on behalf of Westfield Shopping Towns Ltd (“the
respondent”). Section 69(5) of the Arbitration Act 1996 (“the Arbitration Act”)
provides that the court shall determine an application for leave to appeal under this
section without a hearing unless it appears to the court that a hearing is required. In
this case it did seem to me that a hearing was required and, consequently, I notified
the parties as to the matters about which I would wish to hear oral submissions. I
am grateful to both counsel for the clarity and economy of their oral submissions
from which I derived considerable assistance.
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