2016 | Noviembre 30
A boundary award made by a jointly commissioned expert has been upheld despite it being mistaken, the High Court has ruled.
Handing down judgment in the Queen’s Bench Division earlier this month, Mrs Justice Lang agreed with the decision of His Honour Judge Simpkiss that ‘neither party could appeal against an award merely on the basis it was mistaken’ under the law on expert determinations.
The case arose over a boundary dispute between neighbours. The parties appointed Mr Clarke, a chartered building surveyor, to act as an independent expert in July 2013 before entering into a compromise agreement and agreeing to be bound by his decision.