Expert determination


Produced in partnership with Jill Headford of Tozers LLP
Practice notes

Expert determination


Produced in partnership with Jill Headford of Tozers LLP

Practice notes
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Expert determination is a form of Alternative dispute resolution (ADR). This Practice Note explains expert determination for technical or contract interpretation Disputes. It defines expert determination and considers the agreement between the parties for choosing/appointing the expert. The expert’s jurisdiction and the binding nature of the decision given are explored and the procedure, limitation and claims against experts are also covered.

For guidance generally on ADR and other forms of ADR, see Practice Notes:

  1. •

    What is ADR?

  2. •

    Which form of ADR?

What is expert determination?

Expert determination is a binding Dispute resolution process which can offer a relatively speedy and effective means to settling a dispute. The process involves an independent expert in a relevant discipline determining a dispute between parties in accordance with provisions in the parties’ agreement.

Generally, expert determination is an appropriate mechanism for resolving technical disputes, such as rent reviews (by a surveyor), share valuations (by an accountant) or questions of contractual interpretation (by counsel). In the field of construction, expert determination can be used to ascertain delay and disruption claims

Jill Headford
Jill Headford

Solicitor and Partner, Tozers LLP

Jill is an experienced commercial dispute resolution partner in Tozers LLP and a regular advocate in courts and tribunals.ÌýFor many years a member of theÌýÌý

Areas of expertise include:
  • ,Ìýeg boundaries, covenants and rights of way, often with major commercial or strategic significance.
  • Liability for landslip, coastal erosion and flood.
  • Advocacy in the property and employment tribunals and the Employment Appeal Tribunal for large national clients.

Cases of interest:
  • Successful outcome in a dispute about rights over an industrial estate exercisable in conjunction with the lease of a factory.
  • Long-running, sixteen party dispute about rights over a commercial estate road.
  • Defence of a claim against a wildlife trust brought by a neighbouring landowner who prevented access to their nature reserve.
  • Obtaining a landmark ruling in a claim against Barclays for mis-selling a complex hedge fund derivative product.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Expert determination definition
What does Expert determination mean?

A process where an independent expert is asked to make key findings of fact necessary to end a dispute.

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