OWEN PELL LTD v BINDI (LONDON) LTD

[2008] BLR 436

QUEEN’S BENCH DIVISION (TECHNOLOGY AND CONSTRUCTION COURT)

Before Her Honour Judge Frances Kirkham (sitting as deputy High Court Judge)

Expert determination - Agreement to appoint independent expert - Implied term that natural justice will be observed - Existence of implied term. Expert determination - Bias - Actual or apparent bias - Alleged failure to deal with defendant’s case fairly or consider submissions - Whether actual or apparent bias - Whether fair minded observer would conclude there was a real possibility that expert was biased.