#SerleShare: Keep Focused or Risk Separation
In his article for #SerleShare, Christopher Stoner KC considers the lessons from the recent judgment of Master Brightwell, handed down on 10 September 2024, in Dandara South East Limited v Medway Preservation Limited & Anor [2024] EWHC 2318 (Ch).
The High Court has, for the first time, considered whether an expert determination clause can be separable from the underlying agreement in the same manner as an arbitration clause, the separability of which is well established and enshrined in s.7 of the Arbitration Act 1996.