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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll