Connect Plus (M25) Ltd v Highways England Company Ltd [2016] EWHC 2614 (TCC) (27 October 2016)

Connect Plus (M25) Ltd v Highways England Company Ltd [2016] EWHC 2614 (TCC) (27 October 2016)

The claims at paragraph 10(2) of the Claim Form, as modified by the Particulars of Claim, are matters comprised in the original dispute determined by the Expert; there is no breach of the dispute resolution procedure, and no basis for strike out or stay. Even if there were new claims, the contractual process allows them to be referred anew, and the issues are too interwoven for effective division or stay.

Citation
[2016] EWHC 2614 (TCC)
Parties
Claimant/respondent: Connect Plus (M25) Limited; Defendant/applicant: Highways England Company Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2016
Procedural Posture
Commercial Construction Contract Dispute / Application to Strike Out/stay Part of Claim Post Expert Determination
Outcome
Application to strike out and/or stay dismissed
Legal Topics
Expert Determination, Estoppel, Waiver, Interpretation of Contractual Terms, Stay of Proceedings
Contract Law Construction Law Dispute Resolution Expert Determination Estoppel Waiver Interpretation of Contractual Terms Stay of Proceedings

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Parties

Connect Plus (M25) Limited

Claimant/respondent

Highways England Company Limited

Defendant/applicant

Procedural Posture

Commercial Construction Contract Dispute / Application to Strike Out/stay Part of Claim Post Expert Determination

Legal Issues

  1. 1 Whether paragraph 10(2) of the Claim Form raises matters already determined by the Expert
  2. 2 Whether the court should strike out or stay the claim for breach of dispute resolution provisions
  3. 3 Whether new claims can be advanced after expert determination

Ratio Decidendi

The claims at paragraph 10(2) of the Claim Form, as modified by the Particulars of Claim, are matters comprised in the original dispute determined by the Expert; there is no breach of the dispute resolution procedure, and no basis for strike out or stay. Even if there were new claims, the contractual process allows them to be referred anew, and the issues are too interwoven for effective division or stay.

Court Disposition

Application to strike out and/or stay dismissed

Orders

  • No stay granted
  • No strike out of claims at paragraph 10(2)