Zubaida v Hargreaves
Zubaida v Hargreaves
- 1995
- Estates Gazette (1995) 9 EG 320-322(3) .
CA 10 August 1994. The defendant, H, was appointed by the RICS as an expert to determine at rent review the rent payable for a restaurant. The landlord had submitted a claim for £50,000, while Z, the tenant, relying on a comparable, argued for retaining the rent at £15,000. H settled on £27,000. Z challenged this in the courts, claiming that H was negligent and relied on comparables other than restaurants. He also sought to adduce further evidence in that Z had subsequently taken another lease at a lower rent. Having lost at first instance, Z`s appeal was also dimissed, it being "held" to be insufficient in a negligence case to demonstrate that another expert would have arrived at a different conclusion.
COMPARABLES
EXPERT DETERMINATION
INDEPENDENT EXPERTS
INEXACT SCIENCE
NEGLIGENCE
RENT REVIEWS
RESTAURANTS
RETAIL PROPERTY
Valuation
CA 10 August 1994. The defendant, H, was appointed by the RICS as an expert to determine at rent review the rent payable for a restaurant. The landlord had submitted a claim for £50,000, while Z, the tenant, relying on a comparable, argued for retaining the rent at £15,000. H settled on £27,000. Z challenged this in the courts, claiming that H was negligent and relied on comparables other than restaurants. He also sought to adduce further evidence in that Z had subsequently taken another lease at a lower rent. Having lost at first instance, Z`s appeal was also dimissed, it being "held" to be insufficient in a negligence case to demonstrate that another expert would have arrived at a different conclusion.
COMPARABLES
EXPERT DETERMINATION
INDEPENDENT EXPERTS
INEXACT SCIENCE
NEGLIGENCE
RENT REVIEWS
RESTAURANTS
RETAIL PROPERTY
Valuation