Barclays Bank Plc v Nylon Capital LLP [2011] EWCA Civ 826 (18 July 2011)

Barclays Bank Plc v Nylon Capital LLP [2011] EWCA Civ 826 (18 July 2011)

The expert determination clause (Clause 26.1) does not confer jurisdiction on the expert until an allocation has been made under Clause 9 of the LLP agreement; as no allocation had been made, the expert had no jurisdiction, and the court was correct not to stay the proceedings in favour of expert determination.

Citation
[2011] EWCA Civ 826
Parties
Claimant/respondent: Barclays Bank PLC; Defendant/appellant: Nylon Capital LLP
Jurisdiction
England and Wales
Judgment Date
18 July 2011
Procedural Posture
Civil Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)
Outcome
Appeal dismissed
Legal Topics
Expert Determination, Jurisdiction, Interpretation of Contracts, Stay of Proceedings
Contract Law Civil Procedure Expert Determination Jurisdiction Interpretation of Contracts Stay of Proceedings

Case Brief

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Parties

Barclays Bank PLC

Claimant/respondent

Nylon Capital LLP

Defendant/appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Appeal From High Court (chancery Division)

Legal Issues

  1. 1 Whether the court should stay proceedings in favour of expert determination under the LLP agreement
  2. 2 Whether the expert has jurisdiction to determine disputes prior to allocation under Clause 9
  3. 3 Interpretation of expert determination clause (Clause 26.1) in the LLP agreement

Ratio Decidendi

The expert determination clause (Clause 26.1) does not confer jurisdiction on the expert until an allocation has been made under Clause 9 of the LLP agreement; as no allocation had been made, the expert had no jurisdiction, and the court was correct not to stay the proceedings in favour of expert determination.

Court Disposition

Appeal dismissed

Orders

  • No stay of proceedings; High Court declaration stands