Ask the expert
Halevy, Tamar
Ask the expert - 2007 - New Law Journal 157(7263) 9 March 2007, 350-351(2) .
Considers expert determination and the question of what an expert should do if an issue arises that is outside his area of expertise. Discusses ?Bruce v Carpenter and others? ([[2006] EWHC 3301 (Ch), [2006] All ER (D) 405] where the expert valuer felt the interpretation of a clause in a company contract was outside her field of expertise. The court held that the expert was required to resolve the issue herself, despite it being outside her area of expertise. Looks at the implications of this decision and highlights the importance of spending time on expert determination clauses, possibly inserting into the clause the option for the expert to obtain advice from another expert in the appropriate field.
BRUCE V CARPENTER AND OTHERS
MERCURY COMMUNICATIONS LTD V DIRECTOR GENERAL OF TELECOMMUNICATIONS
England and Wales--1543-
Ask the expert - 2007 - New Law Journal 157(7263) 9 March 2007, 350-351(2) .
Considers expert determination and the question of what an expert should do if an issue arises that is outside his area of expertise. Discusses ?Bruce v Carpenter and others? ([[2006] EWHC 3301 (Ch), [2006] All ER (D) 405] where the expert valuer felt the interpretation of a clause in a company contract was outside her field of expertise. The court held that the expert was required to resolve the issue herself, despite it being outside her area of expertise. Looks at the implications of this decision and highlights the importance of spending time on expert determination clauses, possibly inserting into the clause the option for the expert to obtain advice from another expert in the appropriate field.
BRUCE V CARPENTER AND OTHERS
MERCURY COMMUNICATIONS LTD V DIRECTOR GENERAL OF TELECOMMUNICATIONS
England and Wales--1543-