Expert Determination in UK Law

Leading Cases
  • Barclays Bank Plc v Nylon Capital Llp
    • Court of Appeal (Civil Division)
    • 18 Julio 2011

    In contradistinction expert determination clauses generally presuppose that the parties intended certain types of dispute to be resolved by expert determination and other types by the court (or if there is an arbitration clause by arbitrators). The simple question is whether the dispute which has arisen between the parties is within the jurisdiction of the expert conferred by the expert determination clause or is not within it and is therefore within the jurisdiction of the English court.

    Although the way in which an expert may approach the issues referred to him for determination is one where there is no statutory code, an expert must nonetheless determine the issue referred to him in accordance with the mandate conferred upon him by the agreement; the scope of that mandate (including the principles as derived from the contract upon which that determination must be made) is a question of law.

    That remains to be decided applying the approach set out in Jones as elucidated by Hoffmann LJ in Mercury Communications. Since preparing the draft, I have had the advantage of reading the observations of the Master of the Rolls at paragraphs 63 to 72.

    As I have said, there is no procedural code for expert determination, in contradistinction to arbitration. The activities of an expert are subject to little control by the court, save as to jurisdiction or departure from the mandate given. Unless the parties specify the procedure, the expert determines how he will proceed; it is rare for what might be perceived as procedural unfairness in an arbitration to give rise to a ground for challenge to the procedure adopted by an expert.

  • Bernhard Schulte GmbH & Company Kg and Others v Nile Holdings Ltd
    • Queen's Bench Division (Commercial Court)
    • 11 Mayo 2004

    the distinction is drawn and the effect spelt out, namely that there is no requirement for the rules of natural justice or due process to be followed in an expert determination in order for that determination to be valid and binding between the parties.

  • Jones v Sherwood Computer Services Plc
    • Court of Appeal (Civil Division)
    • 07 Diciembre 1989

    If the mistake made was that the expert departed from his instructions in a material respect—e.g. if he valued the wrong number of shares, or valued shares in the wrong company, or if, as in Jones v. Jones [1971] 1 WLR 840, the expert had valued machinery himself whereas his instructions were to employ an expert valuer of his choice to do that—either party would be able to say that the certificate was not binding because the expert had not done what he was appointed to do.

  • Persimmon Homes Ltd v Woodford Land Ltd
    • Chancery Division
    • 28 Noviembre 2011

    Adopting this approach, it seems to me that in most respects the construction which accords better with commercial common sense is that advanced by Persimmon.

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  • Defamation and Malicious Publication (Scotland) Act 2021
    • Scotland
    • 1 de Enero de 2021
    ...... (b) (b) one or more persons with expertise in the scientific or academic matter concerned. . (4) Where the ... of limitation period: media complaints and expert determination 34 Interruption of limitation period: media complaints and expert ......
  • The Tribunal Procedure (First-tier Tribunal) (Immigration and Asylum Chamber) Rules 2014
    • UK Non-devolved
    • 1 de Enero de 2014
    ...... (d) (d) using any special expertise of the Tribunal effectively; and . (e) (e) avoiding delay, so far as ... other court or tribunal is a more appropriate forum for the determination of the case; or . (l) (l) suspend the effect of its own decision pending ......
  • Criminal Procedure (Scotland) Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ......for the purposes of the court's determination, by virtue of subsection (3). above, of the appropriate sentence or ... . . (e) appoint a person with expert knowledge to act as assessor to the. High Court in any case where it ......
  • The Tribunal Procedure (First-tier Tribunal) (Tax Chamber) Rules 2009
    • UK Non-devolved
    • 1 de Enero de 2009
    ...... (d) (d) using any special expertise of the Tribunal effectively; and . (e) (e) avoiding delay, so far as ... that the other tribunal is a more appropriate forum for the determination of the case; . (l) (l) suspend the effect of its own decision pending the ......
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Books & Journal Articles
    • Núm. 2-4, Abril 1994
    • Journal of Financial Regulation and Compliance
    • 331-339
    This paper, based on an interview with Richard Freeman, describes the creation and development of the City Disputes Panel (CDP). It is the initiative of Richard Freeman, a solicitor and former merc...
    ......The Panel will offer arbitration, mediation and expert determination proce-dures for dealing with wholesale markets disputes such ......
    • Núm. 48-4, Abril 1992
    • Journal of Documentation
    • 365-386
    A discourse analysis of the cognitive viewpoint in library and information science identifies seven discursive strategies which constitute information as a commodity, and persons as surveyable info...
    ...... upon knowledge, (f) constitution of the information scientist as an expert in image negotiation, and (g) instrumental reason, ruled by efficiency, andardisation, predictability, and determination of effects. The discourse is guided throughout by a yearning for ......
  • Judging, Fast and Slow: Using Decision-Making Theory to Explore Judicial Fact Determination
    • Núm. 18-2, Abril 2014
    • International Journal of Evidence & Proof, The
    Empirical research with judges and jurors has provided research into the process by which legal decision-makers come to a view about the facts of the case. However, much remains uncertain, includin...
    ...... determi- nation that have presented persistent difficulties to criminal courts, including sexual assault, child homicide and the assessment of expert testimony. I discuss some of the key insights that cognitive psychology can offer to those who are interested in understanding how decision-makers ......
  • Towards the Principled Reception of Expert Evidence of Witness Credibility in Criminal Trials
    • Núm. 8-4, Diciembre 2004
    • International Journal of Evidence & Proof, The
    R v MacKenney and Pinfold (1981) has for some 20 years been a well-known authority on the admissibility of expert evidence, more particularly with regard to expert evidence of witness credibility. ...
    ...... Cases Review Commission, the Court of Appeal has quashed the appellants’ convictions, prompting reconsideration of the original determination of inadmissibility. Notwithstanding the Court of Appeal’s apparent change of heart, however, it is submitted that the principles rehearsed in R v ......
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Law Firm Commentaries
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