How to challenge the specialists

Murdoch, Sandi
June 2008
EG: Estates Gazette;6/7/2008, Issue 822, p167
Trade Publication
The article discusses a court case which illustrates how an expert decision based upon a misinterpretation can be set aside. The Homepace Ltd. v. Sita South East Ltd. case arose out of a 999-year mining lease that had been granted in 1996. This gave the tenant the right to extract minerals from the land and to tip waste materials. The British Court of Appeal's ruling gave a lucid account of where the law stands on challenging an expert's decision. It noted that everything turns on the terms of the agreement under which the determination is made.


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