000			01782cam a2200277 4500
001			ABS68427
008			041111n2004 000 0 eng u
035			_a(Sirsi) u127947
100			_aDensham, W.
245			_aAppoint the appropriate expert
260			_c2004
490			_aEstates Gazette _v(0444) 30 October 2004, 144-146(3)
520			_aExplains 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.
590			_aABS
590			_aABS
650			_aEPOCH PROPERTIES LTD AND BRITISH HOME STORES (JERSEY) LTD
650			_aINDEPENDENT EXPERT
650			_aUNREASONABLENESS
650			_aRENT REVIEWS
650			_aRICS PRESIDENT
650			_aDUTY OF CARE
650			_aLEASE TERMS
690			_aDISPUTE RESOLUTION _96236
700			_aBradford, K.
942			_n0
999			_c118297 _d118297