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Owen Pell v Bindi [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWHC 1420 (TCC), 19 May 2008. The case considers on what grounds an expert determination can be set aside. Owen Pell (claimant) agreed to build an extension and other works at the home of Bindi. Owen left the site before the work was completed. The dispute concerns the final account and deductions from defects arising from the work carried out by Owen Pell. An expert was chosen settle the dispute. Both parties agreed that they should be bound by the decision of the expert and the dispute should not thereafter be brought in front of a tribunal. The expert determined the sum of £53,487.65 and the VAT to be paid to Owen Pell. Bindi refused to pay it. Held: The judge decided that Owen Pell should be paid as the expert answered the right question and even if it is wrong, the expert's determination was final and binding.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 145111-1001

[2008] EWHC 1420 (TCC), 19 May 2008. The case considers on what grounds an expert determination can be set aside. Owen Pell (claimant) agreed to build an extension and other works at the home of Bindi. Owen left the site before the work was completed. The dispute concerns the final account and deductions from defects arising from the work carried out by Owen Pell. An expert was chosen settle the dispute. Both parties agreed that they should be bound by the decision of the expert and the dispute should not thereafter be brought in front of a tribunal. The expert determined the sum of £53,487.65 and the VAT to be paid to Owen Pell. Bindi refused to pay it. Held: The judge decided that Owen Pell should be paid as the expert answered the right question and even if it is wrong, the expert's determination was final and binding.