● His view that, because MWP was inviting the Court to come to a different view to the arbitrators in relation to the nature and discharge of Mr Emmott's obligations, MWP was mounting an illegitimate collateral attack on the award ● The position of Mr Emmott in the Court proceedings. It would not be manifestly unfair for Mr Emmott to face MWP's allegations for a second time, as MWP was not seeking any relief against Mr Emmott and he would be treated no more than a potential witness. The Court also noted that the party making an application of abuse had the burden of proof in establishing that an order should be made. Consequently, the Court of Appeal overturned the decision to strike out the action. (The same parties are also litigating issues in New Zealand: see Michael Wilson & Partners Ltd v Thomas Ian Sinclair [2016] NZCA 376.)
See the Court's decision here: http://www.bailii.org/ew/cases/EWCA/Civ/2017/3.html
Graeme Hall Partner
Graeme specialises in litigation and dispute resolution. He has broad experience in commercial litigation including Court action, arbitration, mediation, contractual disputes and professional indemnity actions.
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