In Penwith District Council v VP Developments Ltd (In Company Voluntary Arrangement) – Lawtel 12.11.07 the Technology and Construction Court (‘TCC’) affirmed that only questions of law were the proper subject matter of an appeal under the Arbitration Act 1979. It held that parties must not come to the court seeking leave to appeal on an apparent question of law, which in reality was an appeal on a finding of primary or secondary fact. For there to be a question of law, there had to be a properly arguable error of law. It was not for the court to substitute its own view of the facts for that of the arbitrator.