header-logo header-logo

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

Thorne in the side?

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

Weightmans—Jason Slatcher

Weightmans—Jason Slatcher

Weightmans appoint new Chief Technology Officer

Mishcon de Reya—trainees

Mishcon de Reya—trainees

Mishcon de Reya announces trainee retention rate of 86%

Sackers—Charlotte Adams & Fraser Sutton

Sackers—Charlotte Adams & Fraser Sutton

Sackers welcomes two new Graduate Solicitor Apprentices

NEWS
LexisNexis is delighted to announce the launch of the LexisNexis Legal Awards 2027, celebrating outstanding achievement, innovation and impact across the legal profession
The Legal Services Board (LSB) is to take further enforcement action against the Solicitors Regulation Authority (SRA), setting additional performance targets and ‘intensifying’ its oversight, it has said
Regulators missed several opportunities to intervene in PM Law Group before it collapsed, an independent review by City firm Jenner & Block has found
An employer’s vicarious liability for the alleged torts of an employee cannot be transferred by TUPE, the Court of Appeal has confirmed
Tiered fees of up to £1,500 for Legal Ombudsman (LeO) cases could leave firms with little option but to pay out, lawyers have warned
back-to-top-scroll