Instructions to expert valuers
It is generally accepted that courts are very reluctant to over-turn the conclusions of expert determinations. There are however some rules of broad application:
The touchstone is whether or not the parties have agreed to be bound: in the third bullet point above, they have agreed to be bound by the determination; in the circumstances of the first two bullet points above, the parties have not agreed to be bound by the work of the expert.
This article looks at the first of these circumstances through the prism of two recent cases: in the first it was claimed that the valuer had not considered all of the relevant information; in the second it was maintained that a procedural defect had been sufficient to strike at the valuer’s determination. The cases provide object lessons to us all.
Continue reading
This content is not freely available. To access 'Instructions to expert valuers' you need to be one of the following:
-
ACA student
-
This content is available to ACA students. If you want to start the ACA qualification there are several routes you can take
-
Business and Finance Professional
-
An internationally recognised designation and professional status from the ICAEW.
-
Forensic & Expert Witness Community
-
Essential resources, news and support for forensic accountants and expert witnesses..
-
ICAEW member
-
Gain access to world-leading information resources, guidance and local networks. 98% of the best global brands rely on ICAEW chartered accountants.
-
Valuation Community
-
Expert insights into regulatory and technical changes impacting this increasingly complex field.