Decisions for the valuers or points for the courts
This article considers two very similar sets of circumstances in which an expert’s conclusions were challenged. In both cases lawyers tried to use the crowbar of legal points of principle with the aim of broadening the concept of 'manifest error' by the expert.
If these action had succeeded the garment in which experts undertake determinations would be replaced by exceedingly tight whalebone corsetry.
In the case of Premier Telecom Communication Group Limited (EWCA Civ 994) [2014], it was argued that the experts had strayed into legal territory and had addressed matters which should have been the preserve of the Court.
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