QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF DURHAM COUNTY COUNCIL||(CLAIMANT)|
|DARLINGTON BOROUGH COUNCIL||(DEFENDANT)|
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(Official Shorthand Writers to the Court)
MR L DRABBLE QC and MR D KOLINSKY (instructed by MESSRS ROWE & MAW) appeared on behalf of the DEFENDANT
Crown Copyright ©
Friday, 25th July 2003
"Leave to appeal shall be given only if the court is satisfied -
(a) that the determination of the question will substantially affect the rights of one or more of the parties,
(b) that the question is one which the tribunal was asked to determine,
(c) that, on the basis of the findings of fact in the award -
(i) the decision of the tribunal on the question is obviously wrong, or -
(ii) the question is one of general public importance and the decision of the tribunal is at least open to serious doubt, and
(d) that, despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in all the circumstances for the court to determine the question."
"An application for leave to appeal under this section shall identify the question of law to be determined and state the grounds on which it is alleged that leave to appeal should be granted."
"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."
"... the decision of the arbitrators should be at least open to serious doubt."
"These words impose a test which is broader than Lord Diplock's requirement that permission to appeal should not be given 'unless the judge considered that a strong prima facie case had been made out that the arbitrator had been wrong in his construction.'"
"(3)(a) that the determination of the question will substantially affect the rights of one or more of the parties."
I am satisfied that that condition applies, and indeed it was not, as I understood it, disputed. Second:
"(b) that the question is one which the tribunal was asked to determine"
That is also so in the case of each of these questions. Third, either:
"(c) that, on the basis of the findings of fact in the award -
(i) the decision of the tribunal on the question is obviously wrong..."
I do not consider that that is true of any of the questions which the tribunals were asked to determine. Or:
"(ii) the question is one of general public importance and the decision of the tribunal is at least open to serious doubt..."
"Whether, on a proper interpretation of those  regulations, the minority shareholdings of Durham [that is Durham County Council] in Newcastle International Airport Ltd (NIAL) and Teeside International Airport Ltd (TIAL) were 'investments' which were not 'relevant shares' (within the meaning of regulation 3(2)) so as to be excluded from regulation 5 by virtue of regulation 5(1)(a)."
"Whether, on a proper interpretation of those regulations the shares held by Durham in NIAL, TIAL and Durham County Waste Management Company Ltd... were:
(a) held by Durham for the purposes of, or in connection with the exercise of functions in or in relation to Darlington's area and
(b) required by Darlington for the purposes of, or in connection with the exercise of functions in or in relation to that area on and after the re-organisation date...
So as to be within regulation 5(6)."
"Whether, on a proper interpretation of those regulations, the waste disposal site at Creebeck was held by Durham and required by Darlington as set out... above or whether it was 'surplus land' as defined by regulation 10(7) [which in turns refers back, I believe, to regulation 5(6)]."
"(1) whether, on a proper construction of Part III of the Regulations, the 'paying authority' is liable pursuant to Regulation 18(1) to pay interest in respect of any additional sum which has become payable following the determination of a difference under Regulation 19, in respect of any period prior to the service of the notice required by Regulation 16;
"(2) whether, assuming the 'paying authority' is not so liable, it was nevertheless open to the Arbitrator to award such interest pursuant to s.49(3) of the Arbitration Act 1996."