Dandara South East Limited v Medway Preservation Limited & Anor

Dandara South East Limited v Medway Preservation Limited & Anor

The expert determination clause in the contract is broad and applies to all disputes under or in connection with the contract, including the present dispute regarding termination and repayment of the deposit. The clause is separable from the main contract for the purposes of determining whether the contract has been terminated by a supervening event. The claimant has not established that the expert determination process is unsuitable for the dispute or that any exceptional circumstances exist to refuse a stay. Accordingly, the court will stay the proceedings to enable expert determination as agreed by the parties.

Parties
Claimant: Dandara South East Limited; Defendant: Medway Preservation Limited; Defendant: Medway Preservation & Development Limited
Jurisdiction
England and Wales
Judgment Date
09 October 2024
Procedural Posture
Civil (commercial/property) / Interlocutory Application for Stay Pending Expert Determination
Outcome
Application granted; proceedings stayed for expert determination
Legal Topics
Expert Determination Clauses, Jurisdiction, Separability of Dispute Resolution Clauses, Stay of Proceedings, Construction of Contracts
Contract Law Property Law Civil Procedure Expert Determination Clauses Jurisdiction Separability of Dispute Resolution Clauses Stay of Proceedings Construction of Contracts

Case Brief

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Parties

Dandara South East Limited

Claimant

Medway Preservation Limited

Defendant

Medway Preservation & Development Limited

Defendant

Procedural Posture

Civil (commercial/property) / Interlocutory Application for Stay Pending Expert Determination

Legal Issues

  1. 1 Whether the expert determination clause in the contract applies to the present dispute
  2. 2 Whether the expert determination clause is separable from the main contract
  3. 3 Whether the dispute is suitable for expert determination under the contract

Ratio Decidendi

The expert determination clause in the contract is broad and applies to all disputes under or in connection with the contract, including the present dispute regarding termination and repayment of the deposit. The clause is separable from the main contract for the purposes of determining whether the contract has been terminated by a supervening event. The claimant has not established that the expert determination process is unsuitable for the dispute or that any exceptional circumstances exist to refuse a stay. Accordingly, the court will stay the proceedings to enable expert determination as agreed by the parties.

Court Disposition

Application granted; proceedings stayed for expert determination

Orders

  • The claim is stayed to enable the parties to comply with clause 28 of the contract (expert determination procedure).