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National Grid Co plc v M25 Group Ltd

Language: English Series: Estates Gazette ; [1998] 32 EG 90-96(7)Publication details: 1998Subject(s): Summary: ChD 19 March 1998. N leased a narrow strip of land used with other adjoining land as an electricity substation. The rent was subject to review from 24 June 1994 and a valuer was appointed as expert on 20 December 1995. On 30 September 1997 N issued an originating summons seeking the determination of a number of questions, including the meaning of the demised premises, and the identification of works carried out by the tenant. M applied to strike out or stay the originating summons on the ground that matters raised were for the expert to determine, not the court. "Held" the application was allowed and the originating summons struck out. Where the function of an expert is to make a decision, that is not a function of the court; it is otherwise if both parties agree.
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Law report London Journal article ABS59323 (Browse shelf(Opens below)) 1 Available 88439-1001

ChD 19 March 1998. N leased a narrow strip of land used with other adjoining land as an electricity substation. The rent was subject to review from 24 June 1994 and a valuer was appointed as expert on 20 December 1995. On 30 September 1997 N issued an originating summons seeking the determination of a number of questions, including the meaning of the demised premises, and the identification of works carried out by the tenant. M applied to strike out or stay the originating summons on the ground that matters raised were for the expert to determine, not the court. "Held" the application was allowed and the originating summons struck out. Where the function of an expert is to make a decision, that is not a function of the court; it is otherwise if both parties agree.