Avoiding expert disputes
Freedman, Clive
Avoiding expert disputes - 2012 - New Law Journal 162 (7531) 28 September 2012, 1214-1216(3) .
A round up of law cases considering issues relating to expert determinations. "Ackerman v Ackerman" [2011] EWHC 3428 allowed an expert's determination to be challenged on the grounds that he materially departed from his or her instructions as laid down in "Veba Oil Supply and Trading GmbH v Petrotrade Inc" [2001] EWCA Civ 1832. "Barclays Bank plc v Nylon Capital LLP" [2011] EWCA Civ 826 decided that it was for the court to decide a disputed issue of construction on which the expert's jurisdiction to reach a determination depended. "Cream Holdings Ltd v Davenport" [2011] EWCA Civ 1287 decided that where an expert's proposed terms of engagement are reasonable and are consistent with the requirements of the agreement between the parties, it necessary to imply a term requiring the parties to co-operate in the valuation process by accepting the appointment on these terms.
BARCLAYS BANK PLC V NYLON CAPITAL LLP
CREAM HOLDINGS LTD V DAVENPORT
ACKERMAN V ACKERMAN
VEBA OIL SUPPLY & TRADING GMBH V PETROTRADE INC (THE ROBIN)
United Kingdom--
Avoiding expert disputes - 2012 - New Law Journal 162 (7531) 28 September 2012, 1214-1216(3) .
A round up of law cases considering issues relating to expert determinations. "Ackerman v Ackerman" [2011] EWHC 3428 allowed an expert's determination to be challenged on the grounds that he materially departed from his or her instructions as laid down in "Veba Oil Supply and Trading GmbH v Petrotrade Inc" [2001] EWCA Civ 1832. "Barclays Bank plc v Nylon Capital LLP" [2011] EWCA Civ 826 decided that it was for the court to decide a disputed issue of construction on which the expert's jurisdiction to reach a determination depended. "Cream Holdings Ltd v Davenport" [2011] EWCA Civ 1287 decided that where an expert's proposed terms of engagement are reasonable and are consistent with the requirements of the agreement between the parties, it necessary to imply a term requiring the parties to co-operate in the valuation process by accepting the appointment on these terms.
BARCLAYS BANK PLC V NYLON CAPITAL LLP
CREAM HOLDINGS LTD V DAVENPORT
ACKERMAN V ACKERMAN
VEBA OIL SUPPLY & TRADING GMBH V PETROTRADE INC (THE ROBIN)
United Kingdom--