000			02482cab a22002775a 4500
001			L147328
008			090430e20081222xxk f v 000 0 eng d
035			_a(Sirsi) u147328
041	0		_aeng
245	0	0	_aCadogan v Erkman _h[electronic resource]
260			_c2009
520			_a[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			_aKA
650	2	4	_aEARL CADOGAN AND ANOTHER V SPORTELLI AND ANOTHER
650	2	4	_aARROWDELL V CONISTON COURT
650	2	4	_aCHELSEA PROPERTIES LTD V CADOGAN
650	2	4	_aPITTS AND ANOTHER V EARL CADOGAN
650	2	4	_aS V SECRETARY OF STATE FOR THE HOME DEPARTMENT
650	2	4	_aHUNTER V CHIEF CONSTABLE OF THE WEST MIDLANDS
650	2	4	_aLEASHOLD VALUATIONS (PROCEDURE) (ENGLAND) REGULATIONS 2003
651		4	_aEngland and Wales _y1543-
690			_aPROPERTY-LANDLORD AND TENANT-LEASES-LEASEHOLD ENFRANCHISEMENT
690			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-EXPERT WITNESSES
856	4	0	_uhttps://www.bailii.org/ew/cases/EWLands/2008/LRA_56_2007.html _zView the report at www.bailii.org...
942			_n0
999			_c81482 _d81482