header-logo header-logo

Thorne in the side?

16 June 2011 / Christopher Warenius
Issue: 7470 / Categories: Features , Property
printer mail-detail

Christopher Warenius ponders the nature of expert determinations

It is not unusual for parties to rely on expert determination to resolve disputes. This is certainly common practice in the property industry where chartered surveyors are often called upon to decide issues of valuation upon which they are experts and a court is not. The advantage of such determination is that it is generally quicker and cheaper than litigation. Sometimes, however, the court still has to intervene where a problem arises. This was the case in Thorne v Clifford George Courtier & Ors [2011] EWCA Civ 460, [2011] All ER (D) 204 (Apr).

Facts of the case

Mrs Thorne brought proceedings against the three defendants in her capacity as her mother’s personal representative. She alleged that the defendants were unlawfully in occupation of her mother’s land. The defendants claimed that they had a right to occupy the land under an agricultural tenancy.

Thorne brought proceedings to recover possession of the land and also sought damages for “use and occupation”. On 15 January 2009,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
Could the Supreme Court’s ruling in R v Hayes; R v Palombo unintentionally unsettle future complex fraud trials? Maia Cohen-Lask of Corker Binning explores the question in NLJ this week
back-to-top-scroll