Secretary of State for the Environment v Euston Centre Investments Ltd - Ch D (John Cherryman QC, sitting as a deputy High Court Judge) - 9 December 1993 [1994 1 WLR 563]

Applications for leave to appeal arbitration awards must be conducted expeditiously - The convenience of counsel will not normally constitute a justification for any delay in the hearing of the application - Application for leave to appeal struck out for want of prosecution

The landlord demised premises to the tenant for a term of 49 years under a lease which provided for rent reviews every seven years. The arbitrator made an interim award as to the reviewed rent on 28 May 1992. The tenant applied under section 1(3)(b) of the Arbitration Act 1979 for leave to appeal from the award within 21 days, as required by Order 73 rule 5 of the Rules of the Supreme Court. However, the dilatoriness of the tenant, errors in court administration and the accommodation of the convenience of counsel combined to delay the hearing of the application for leave to appeal until December 1993.