A little too independent
Article Abstract:
The recent case of National Grid Co Plc v M25 Group Ltd has raised the issue of when a question answered by an expert witness constitutes an actual or potential deviation from that expert's instructions in a material way or reaches the limits of the expert's remit. The judge in this case regarded the main issue as being whether it was the role of the expert to answer certain questions as part of the process of determining rent. He ruled that this was the expert's role, appearing to interpret the ruling in Norwich Union as stating that the courts never have jurisdiction to grant a declaration in advance of a reference.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1998
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Final and binding?
Article Abstract:
Controversy surrounds the legal standing of the decision of independent experts on issues referred to them by two parties in, for example, lease disputes. Discussion centres on whether the decision of an independent expert is binding in the UK or whether it can be challenged in the courts, and whether the courts are able to determine this issue before referral to the expert. A review of various cases indicates that it is the construction of the agreement between the two parties which is relevant. The courts can intervene if the wording of an agreement has not specifically excluded this possibility.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 1997
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Give the expert a fair hearing
Article Abstract:
Issues concerning the use of expert witnesses in court cases are discussed. The nature and extent of any relationship between a witness and the party calling him, and individual judges' rulings on the issue, are examined.
Publication Name: Estates Gazette
Subject: Real estate industry
ISSN: 0014-1240
Year: 2001
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