OHPEN OPERATIONS UK LTD v INVESCO FUND MANAGERS LTD

[2019] EWHC 2246 (TCC), Technology and Construction Court, O’Farrell J, 16 August 2019

Damages – Whether claim had been brought in breach of a contractually agreed tiered dispute resolution procedure – Whether claim should be stayed pending referral of dispute to mediation

The claimant issued proceedings in which it claimed damages of £4.7 million as a consequence of the defendant's alleged wrongful termination of the contract between the parties. The defendant responded by making a counterclaim of £5.7 million. In the present proceedings the defendant sought a declaration that the court would not exercise any jurisdiction it may have to hear the claim filed by the claimant and an order for the stay of the claim pending compliance with the contractually agreed dispute resolution procedure.