Wragge & Co LLP Construction team has secured a victory for Owen Pell Limited in the Technology and Construction Court. A judgment in the case of Owen Pell Limited v Bindi (London) Limited confirms the binding nature of expert determination.

Construction associate Adam Woods advised the claimant Owen Pell Limited, working with barrister Charlotte Ellis from Keating Chambers. Humfrys & Symonds Solicitors acted for the defendant Bindi (London) Limited.

Adam Woods said: "The court's decision is a welcome outcome for our client and has confirmed that judges will rarely interfere with an expert's determination. Our tightly drafted agreement clearly stated that the expert's decision was binding and this was pivotal in securing victory. The judge agreed that parties should be able to refer disputes to an expert for resolution and the courts will be robust in enforcing those decisions."

Owen Pell agreed to undertake construction work for Bindi at Garenin Cottage, Holme Lacy, Hereford. Following a dispute over payment, the Wragge & Co team recommended expert determination. Bindi refused to comply with the expert's findings, alleging that his decision was in error and that he was biased. At a hearing on 29 April 2008, Wragge & Co successfully applied for summary judgment on the basis that the defendant's arguments had no real prospect of success.

Formed in 1976, Owen Pell is an established building and civil engineering contractor based in the Hereford area. The firm has been involved in substantive building and civil engineering projects for the MOD, Carillion, Serco, Welsh Water and Cadbury's PLC as well as satisfying the construction needs of schools, local authorities and businesses together with those of the general public.

Wragge & Co's Construction team advises a client base that includes developers, blue-chip companies and many of the UK's leading contractors on major projects and disputes. In the last 12 months this 40-lawyer 'heavyweight team' (according to Chambers) acted for E.ON UK on a major combined heat and power station deal and John Laing Projects & Developments Limited on the £13 million Aylesbury station complex.

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This press release may contain information of general interest about current legal issues, but does not give legal advice.