Home » Blogs » Others » Expert Determination

VIEW A BLOG
Others   Add to My Briefcase

Expert Determination

Zarmina Chaudhry | Thursday 20 November 2014 ( 0 Comment)
Advertisements

 

 

Expert Determination

Expert determination is being widely used in real estate and construction industry. It has always played a greater role in valuation a dispute, so we can say that concept of expert determination is originated from valuation disputes.

A final and binding decision is one of main and perceived advantages of expert determination but an expert while exercising in this regard if does not use the level of skill and care that is required in reaching that decision, may be sued for negligence.

Interesting fact is that a party may set aside the expert determination.

 In Shafi v Rutherford [2014] EWCA Civ 1186, an expert was appointed for determination of a dispute regarding amount to be paid for a share in dental practice. The expert identified that some leases were not treated while accounts of dental practice were maintained. According to expert correction of those identified accounting errors was not to consider and outside the scope of his instructions, hence valued the shares on those incorrect accounts.

It was found by court of appeal that treatment of those identified leases on the accounts was within scope of expert determination and the letter of instruction to expert as well. The court of appeal therefore decided to appoint new expert for a new determination.

This is a rare example of the courts interfering with expert determination because, as noted above, an expert determination cannot generally be appealed or challenged. When entering into a contract, it is common for parties to agree on provision which provides for binding expert determination. This ensures that the effect of the decision of the expert is certain and is often cited as a benefit of using expert determination to resolve disputes.

This is a very rare example of courts, to set aside and vary the expert determination. Usually expert determination cannot be appealed or challenged. Parties commonly agree into the contracts containing provisions that ‘such determination will be binding’. This clearly shows that effect of using an expert for determination always proves as beneficial to resolve many disputes.

However, there are certain other grounds which can, in limited circumstances, lead a court to set aside or vary an expert determination:

Still there are number of certain ground that lead a court to outcast or change an expert determination as under.

  • Material departure from instructions  as described above in Shafi v Rutherford
  • Failure to state reasons
  • Fraud or collusion
  • The certificate not being certain
  • Partiality

The content of this blog is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

 

Related to Expert Determination
 
 
Advertisements
   
You can find here our registered lawy...
Property Advocates India | Property Lawyers India 1 year(s) ago
Affordable and effectiveness in perfo...
Four Tips and Tricks to Shortlist the Excellent Moving Company 1 year(s) ago
Nice article.
22 Things to do during your Internship Program [Infographic] 1 year(s) ago
The finest web design company. Excell...
Hadoop Training Can Give Your Career A New Height 3 year(s) ago
STATS
 
Total Blogs: 5082
    Total Entries/Category: 1
    Entries in Last Week: 10
LOGIN
 
   Login Id
   Password
  Forgot Password?
    
   
 
Advertisements


 
FIND ENTRIES
 
  Containing Text
 
  Search Title Only    
CATEGORIES
 
    CEO Blogs
    Personal Blogs
    Corporate Blogs
ARCHIVE
 
2014  (7)
2012  (3)
 
first blog Managem... Kartik... CEO Founder MP Blogs Chanaky... chanaky... cipl CAPACIT... RAT_RACE day 3 managem... statist... mba isbf career self_ma... RETALIA... indian... can... custome... user... web 2 login username email id MBA B-SCHOOL EDUCATION KOLKATA CALCUTTA PCCSB PCCSOB ppt Career Courses Embedde... IT... Students software technol... Bharati... career... career... course debate degrees employment graduation IT BMS AFTER WHAT fun March Money M-Gover... Management Governance day 10 momentum speed MP LTE Broadband Sales Online... Mistakes Avoid Links Customer Shoppin... philip... 2002) Godrej Summer... Total... Marketi... McDonalds certifi... recruiter recruit... Solved... agro corpora... sez huma.pr Chanaky... Chanaky... Chanaky... Free... one month milestone beta 5Ms adverti... Emotion... Marketi... CUT...
 
spacer gif
Management Paradise
spacer gif
arrow gif About Us
Press
Jobs
MBA Projects
Kartik Raichura
spacer gif
spacer gif
spacer gif
Legal
spacer gif
spacer gif Terms & Conditions
spacer gif Privacy Policy
spacer gif Disclaimer
spacer gif Copyrights
spacer gif Contact Us
spacer gif
spacer gif
spacer gif
Help
spacer gif
spacer gif Zeitgeist
Support
FAQs
Tour
Feedback
Our Network

MBA B School Blog

MBA Buy Entrance Exam Forms

MBA BMS Blog

MBA MBA Blog

MBA BMM Network

Follow
       
   

 

Copyright 2004 - 2017 Management Paradise.