Modern day expert determinations are neither simpler nor quicker than any other form of dispute resolution, argue Lisa Jamieson and Will Densham ‘The recent case of Walton Homes Ltd v Staffordshire County Council [2013] brought the spotlight back onto the difficulties a party will face when seeking to challenge an expert.’ Expert determination as a …
Continue reading "Expert Determination: The challenge"
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Wills & Trusts Law Reports | January/February 2013 #126The claimant, Ambra (A), who had been a beneficiary under the MBV Trust, disputed the price obtained by BV Securities for its 20% shareholding in Air Italy in view of certain subsequent transactions involving Meridiana and Air Italy Holdings, a company in which the third defendant and protector of the trust (G) had an interest through his investment holding company. A also threatened breach of trust proceedings against the trustees. G and the fourth and fifth defendants, his wife and son, remained beneficiaries under the trust but A’s interest had been severed under a deed of appoi...
James Farrell, Michael Mendelblat and Emily Lew explore a spate of recent case law relating to expert determination ‘Parties should try to agree whether the expert’s decision on a point of law will be treated as final and binding or whether the disappointed party should have the right to refer the issue to the court.’ …
Continue reading "Expert Determination: Jurisdictional issues"
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