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Appoint the appropriate expert

By: Contributor(s): Series: Estates Gazette ; (0444) 30 October 2004, 144-146(3)Publication details: 2004Subject(s): Summary: Explains the background to the "Epoch Properties Ltd and British Home Stores (Jersey) Ltd" ([2004] JCA 156, [2004] 48 EG 134) which challenged the validity of the valuer appointed by the President of the RICS to arbitrate in a rent review dispute in Jersey. The landlord (E) challenged the appointment on the grounds that whilst the valuer had experience in valuing and letting of variety stores within the UK, he did not have any experience in Jersey. The case which was considered by the Royal Court and the Court of Appeal in Jersey had to consider the nature of the role of RICS in making the appointment, whether it could be challenged and if so how. Quotes from the relevant terms of the lease. Discusses the responsibilities of the president in making appointments and suggests that an appointment should not be made where the expert does not comply fully with the terms of the lease to avoid a challenge in the courts. Considers whether issues such as test of unreasonableness and duty of care be applied. Summarises implications of judgment.
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Journal article London Journal article ABS68427 (Browse shelf(Opens below)) 1 Available 127947-1001

Explains the background to the "Epoch Properties Ltd and British Home Stores (Jersey) Ltd" ([2004] JCA 156, [2004] 48 EG 134) which challenged the validity of the valuer appointed by the President of the RICS to arbitrate in a rent review dispute in Jersey. The landlord (E) challenged the appointment on the grounds that whilst the valuer had experience in valuing and letting of variety stores within the UK, he did not have any experience in Jersey. The case which was considered by the Royal Court and the Court of Appeal in Jersey had to consider the nature of the role of RICS in making the appointment, whether it could be challenged and if so how. Quotes from the relevant terms of the lease. Discusses the responsibilities of the president in making appointments and suggests that an appointment should not be made where the expert does not comply fully with the terms of the lease to avoid a challenge in the courts. Considers whether issues such as test of unreasonableness and duty of care be applied. Summarises implications of judgment.