Cases

Hart v Stewart

Held

Allowing the D's application to set aside judgment and staying the claim under s.9 of the Arbitration Act 1996:

(1) C was bound by the rules of the FA (in particular Rule K (arbitration)) and FIFA. D was bound by the Articles of Association of the SFA. The arbitration clauses applied and the matter should be referred to arbitration.

(2) The judgment was irregularly obtained because the method in which it was obtained (premature application) and the evidence presented was defective.

(3) In any event, even if the Court was incorrect in concluding that the judgment was irregular, it would be set aside in the Court's discretion as there was a real prospect of successfully defending the claim and the application had been made promptly.

Also