Cases - Mylcrist Builders v Buck

Record details

Name

Mylcrist Builders v Buck

Date

[2008]

Citation

EWHC 2172 (TCC)

Legislation

Unfair Terms in Consumer Contracts Regulations 1999

Keywords

Contract administration - Unfair Terms in Consumer Contracts Regulations 1999

Summary

The claimant contractor sought to enforce an arbitrator’s award against the defendant employer. The court held that (a) the arbitrator had not been properly appointed, so the award was unenforceable in any event; and (b) the arbitration clause represented a significant imbalance against the defendant (who was a consumer) and was therefore unfair for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999. The arbitration clause was held to be ineffective.