Built Environment Group (Construction, Engineering & Projects) - Review

    July 2009

    Hammonds Construction team resists application to stay expert determination proceedings

    Hammonds Construction team in London recently found themselves in the Technology and Construction Court (TCC) resisting part 8 proceedings to have a dispute taken out of expert determination and remitted to the TCC in London.

    Ramsey J determined the part 8 claim in Hammonds' client's favour thereby providing useful judicial authority on the subject of expert determination. In contrast to adjudication and litigation, expert determination is not a dispute resolution process commonly reported on, consequently there is limited guidance on such proceedings. The court judgement (Braceforce Warehousing Ltd v Mediterranean Shipping Company (UK) Limited (2009) QBD (TCC) Ramsey J 4/6/2009) is the only authority on the application of the Limitation Act 1980 to the process of expert determination and the question of when such a process is "commenced".

    In May 2008, international law firm Hammonds became a limited liability partnership. Hammonds LLP and its affiliated undertakings has offices in Birmingham, Leeds, London and Manchester in the UK, and in Berlin, Brussels, Beijing, Hong Kong, Madrid, Munich and Paris.