Maypole Dock Ltd v Catalyst Housing Ltd [2021] EWHC 1742 (TCC) (13 May 2021)

Maypole Dock Ltd v Catalyst Housing Ltd [2021] EWHC 1742 (TCC) (13 May 2021)

There is a serious issue to be tried as to whether the dispute falls within the expert determination clause. The balance of convenience favours granting an injunction to prevent the expert determination from proceeding until the court resolves the jurisdictional issue, as Maypole would otherwise suffer irrecoverable prejudice and costs.

Citation
[2021] EWHC 1742 (TCC)
Parties
Claimant: Maypole Dock Ltd; Defendant: Catalyst Housing Ltd
Jurisdiction
England and Wales
Judgment Date
13 May 2021
Procedural Posture
Interim Injunction Application / Preliminary/interlocutory Hearing
Outcome
Interim injunction granted
Legal Topics
Interim Injunctions, Expert Determination, Jurisdiction, Dispute Resolution Clauses, Breach of Contract, Damages
Contract Law Civil Procedure Interim Injunctions Expert Determination Jurisdiction Dispute Resolution Clauses Breach of Contract Damages

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Parties

Maypole Dock Ltd

Claimant

Catalyst Housing Ltd

Defendant

Procedural Posture

Interim Injunction Application / Preliminary/interlocutory Hearing

Legal Issues

  1. 1 Whether the dispute falls within the scope of the expert determination clause in the Overage Agreement
  2. 2 Whether the court should grant an interim injunction restraining expert determination pending resolution of jurisdictional issues

Ratio Decidendi

There is a serious issue to be tried as to whether the dispute falls within the expert determination clause. The balance of convenience favours granting an injunction to prevent the expert determination from proceeding until the court resolves the jurisdictional issue, as Maypole would otherwise suffer irrecoverable prejudice and costs.

Court Disposition

Interim injunction granted

Orders

  • Expert determination stayed pending resolution of jurisdictional issue by the court
  • Costs reserved to the judge hearing the matter on 15 July 2021