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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll