EMPYREAL ENERGY LTD v DAYLIGHTING POWER LTD

[2020] EWHC 1971, Technology and Construction Court, Stuart-Smith J, 22 July 2020

Expert determination – Nature of dispute referred to expert determiner – Whether in compliance with the terms of the contract

The issue before the court was whether a party appointed as an expert had jurisdiction to determine and order that the defendant pay to the claimant the sum of £1,708,474 in respect of the cost of remedying works which the claimant alleged were defective (although this allegation was disputed by the defendant). There were two issues in dispute before Stuart-Smith J.