Christopher Warenius ponders the nature of expert determinations
It is not unusual for parties to rely on expert determination to resolve disputes. This is certainly common practice in the property industry where chartered surveyors are often called upon to decide issues of valuation upon which they are experts and a court is not. The advantage of such determination is that it is generally quicker and cheaper than litigation. Sometimes, however, the court still has to intervene where a problem arises. This was the case in Thorne v Clifford George Courtier & Ors [2011] EWCA Civ 460, [2011] All ER (D) 204 (Apr).
Facts of the case
Mrs Thorne brought proceedings against the three defendants in her capacity as her mother’s personal representative. She alleged that the defendants were unlawfully in occupation of her mother’s land. The defendants claimed that they had a right to occupy the land under an agricultural tenancy.
Thorne brought proceedings to recover possession of the land and also sought damages for “use and occupation”. On 15 January 2009, six weeks before trial, her lawyers wrote to the defendants’
