Falklands : FIG Lose Gordon Forbes Appeal
Submitted by Falkland Islands News Network (Juanita Brock) 11.11.2004 (Article Archived on 25.11.2004)
The Government has lost its appeal against Acting Judge Nick Sanders’ ruling on the Gordon Forbes case. FIG made the appeal against the decision to dismiss its application for an order set to aside the part award given by the Arbitrator on the 6th of November 2002. Corina Goss from FIBS tells us more.
FIG LOSE GORDON FORBES APPEAL
A Report for FIBS by Corina Goss (CG)
The Government has lost its appeal against Acting Judge Nick Sanders’ ruling on the Gordon Forbes case. FIG made the appeal against the decision to dismiss its application for an order set to aside the part award given by the Arbitrator on the 6th of November 2002. The Government’s application to set aside for serious irregularity was brought under section 68 of the Arbitration Act 1996. And, the requirements would have been satisfied if FIG could show that a serious irregularity affected the Tribunal, the proceedings or the award and, that substantial injustice has been caused to them as a result. In his judgment, Mr. Justice Appleby said he was not satisfied that FIG was unfairly deprived of an opportunity to prevent (present) their case or to make a case, which, if the misrepresentation had been known, might realistically have lead to a significantly different outcome. The misrepresentation he was talking about refers to the fact that FIG and Gordon Forbes believed the Government had entered into a contract with Gordon Forbes Construction (Falklands) Limited. But in fact, it was Gordon Forbes Elgin Limited who had been the contractor. But in his judgment Mr. Justice Appleby didn’t make an order for costs from FIG, saying that in the normal course of events, it follows that Government would be liable for all the appeal costs but that he was satisfied that had it not been for the conduct of Gordon Forbes (Falklands) Limited and advisors the litigation wouldn’t have got so far.
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