The Interpretation and Separability of Expert Determination Clauses

In Dandara South East Ltd v Medway Preservation Ltd and Medway Preservation & Development Ltd [2024] EWHC 2318 (Ch), Master Brightwell held that an expert determination clause in a contract for the sale of land was the contractually agreed method for the resolution of all disputes in relation to the contract between the parties and that it was separable from the contract between the parties, at least for the purpose of determining a dispute as to whether the contract had been terminated by a supervening event. Master Brightwell therefore held that the defendants were entitled to a stay of the court action brought against them by the claimant in order to enable the parties to comply with the expert determination clause in the contract.