Burden of proof, global claims and interest

In John Sisk & Son Ltd v Carmel Building Services Ltd (in administration) [2016] EWHC 806 (TCC) Carr J held that an arbitrator had not erred in relation to the location of the burden of proof in connection with the defendant’s claim for payment under the contract between the parties. Nor had the arbitrator erred in concluding that the claimant’s primary claim to be entitled to a set-off was a global claim and as such irrecoverable. Finally, Carr J held that the claimant was entitled to recover interest under the Late Payment of Commercial Debts (Interest) Act 1998. It was therefore held that the claimant was not entitled to the variation or remission of the partial award made by the arbitrator.