CONNECT PLUS (M25) LTD v HIGHWAYS ENGLAND CO LTD

[2016] EWHC 2614, Technology and Construction Court, Coulson J, 27 October 2016

Expert determination - Entitlement to challenge the decision of expert - Refusal to strike out or stay the challenge

The parties entered into a Design, Build, Finance and Operate contract under which the defendant employer engaged the claimant to provide various services over a 30-month period in connection with the M25 motorway. A dispute arose between the parties as to the interpretation and application of what was known as the 'Critical Incident Adjustment' in Schedule 25 to the contract. A critical incident was defined for the purposes of the contract as 'an incident declared as such by or on behalf of the Secretary of State in accordance with applicable emergency procedures'. The dispute was referred to expert determination in accordance with the terms of the contract and the expert appointed was Sir Robert Akenhead who produced his decision on 12 February 2016.