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This case concerns an application under section 69(2)(b) of the Arbitration Act 1996 for permission to appeal against an arbitration award. In dismissing an application for permission to appeal from an Arbitration award Morgan J holds that the Arbitrator was correct to apply the test set out in the Mannai Investments case to the question of whether a demand had been made of a surety to a lease such a to trigger his liability to pay sums unpaid by the tenant. David Holland appeared for successful respondant.
