Dulwich Estate v Baptiste
Abstract
15 February 2007 Jonathan Crow QC sitting as Deputy Judge of the High Court Chancery Division [2007] EWHC 410 [2007] ArbLR 15 Arbitration award--Appeal--Question of law--Permission--Arbitrator applying wrong test in determining whether building approval withheld by Estate unreasonably--Whether question of law of public importance (yes)-- Whether to grant permission (yes)--Arbitration Act 1996, s 69 Arbitration award--Appeal--Extension of time--Arbitrator's award issued but not collected pending payment of fees--Application for permission to appeal three weeks out of time--Whether to extend time (yes)--Arbitration Act 1996, ss 70(3) and 88(5) Interpretation of court approved scheme pursuant to statute a question of public interest and importance Mr Baptiste owned property in Dulwich subject to a scheme pursuant to s 19 of the Leasehold Reform Act 1967. The scheme required prior written approval from Dulwich Estate for any material alteration to the external appearance of the property. Clause 15 of the scheme stipulates that such approval shall not be unreasonably withheld. The scheme provides for arbitration in the event of disputes. Mr Baptiste applied for planning permission for a loft conversion to create a spare bedroom in his house. The local authority granted planning permission in May 2005 but, in January 2006, Dulwich Estate