MARC details
| 000 -LEADER |
|---|
| fixed length control field |
02482cab a22002775a 4500 |
| 001 - CONTROL NUMBER |
|---|
| control field |
L147328 |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION |
|---|
| fixed length control field |
090430e20081222xxk f v 000 0 eng d |
| 035 ## - SYSTEM CONTROL NUMBER |
|---|
| System control number |
(Sirsi) u147328 |
| 041 0# - LANGUAGE CODE |
|---|
| Language code of text/sound track or separate title |
eng |
| 245 00 - TITLE STATEMENT |
|---|
| Title |
Cadogan v Erkman |
| Medium |
[electronic resource] |
| 260 ## - PUBLICATION, DISTRIBUTION, ETC. |
|---|
| Date of publication, distribution, etc. |
2009 |
| 520 ## - SUMMARY, ETC. |
|---|
| Summary, etc. |
[2008] EWLands LRA_56_2007, 22 December 2008. Expert evidence may not be admissible if it is specifically designed to show something in one party's favour. The applicant (E), a nominee purchaser, sought an order that the respondent freeholder (C) should not be allowed to rely on evidence contained in an expert report. The report directly challenged the Court of Appeal's deferment rate guidance given in Earl Cadogan v Sportelli [2007] EWCA Civ 1042 (see L141130). Both parties contended that the Leasehold Valuation Tribunal (LVT) had been wrong in applying the Sportelli deferment rate of 5% and that a different rate should have been applied. A dispute arose over whether or not the expert report was admissible as evidence. Held: applicant granted. B's expert report was rejected for two reasons. Calling evidence was not an abuse of process if the issue was not raised in proceedings between the parties, but that did not apply here. It was within the LVT's remit to control the procedure, including admissibility of evidence. The power to call for evidence such as the report was not unlimited. The LVT was entitled to exclude evidence designed to show that the guidance was wrong. Another reason was that of fairness. A party was entitled to expect that guidance would be followed. It was not enough to challenge the guidance, but it was necessary to show that it was wrong. This had not been done. |
| 590 ## - LOCAL NOTE (RLIN) |
|---|
| Local note |
KA |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
EARL CADOGAN AND ANOTHER V SPORTELLI AND ANOTHER |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
ARROWDELL V CONISTON COURT |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
CHELSEA PROPERTIES LTD V CADOGAN |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
PITTS AND ANOTHER V EARL CADOGAN |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
S V SECRETARY OF STATE FOR THE HOME DEPARTMENT |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
HUNTER V CHIEF CONSTABLE OF THE WEST MIDLANDS |
| 650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM |
|---|
| Topical term or geographic name entry element |
LEASHOLD VALUATIONS (PROCEDURE) (ENGLAND) REGULATIONS 2003 |
| 651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME |
|---|
| Geographic name |
England and Wales |
| Chronological subdivision |
1543- |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) |
|---|
| Topical term or geographic name as entry element |
PROPERTY-LANDLORD AND TENANT-LEASES-LEASEHOLD ENFRANCHISEMENT |
| 690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN) |
|---|
| Topical term or geographic name as entry element |
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-EXPERT WITNESSES |
| 856 40 - ELECTRONIC LOCATION AND ACCESS |
|---|
| Uniform Resource Identifier |
<a href="https://www.bailii.org/ew/cases/EWLands/2008/LRA_56_2007.html">https://www.bailii.org/ew/cases/EWLands/2008/LRA_56_2007.html</a> |
| Public note |
View the report at www.bailii.org... |
| 942 ## - ADDED ENTRY ELEMENTS (KOHA) |
|---|
| Suppress in OPAC |
0 |
