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June 2018

The Team

10 Feb 2014

Principal private residence relief and matrimonial matters

Where a person owns one or more properties that have at some point been their main residence, they are currently entitled to claim PPR relief on the final 36 month period of ownership. With effect from 6 April 2014, this final 36 month period will be shortened to 18 months.

Valuation experts

The Jamaican court had before it two valuation experts in a negligence claim amounting to several million US Dollars. The court preferred the evidence of one expert over the other and found the defendants (a firm of chartered accountants) to be negligent.

Expert Determination and Manifest Error

In the recent property matter of Walton Homes Limited v Staffordshire County Council [2013] EWHC 2554 (Ch) the parties appointed an expert surveyor to determine their dispute in accordance with the contract between them. The dispute, which related entirely to matters of law, was determined and subsequently challenged on the basis of manifest error by the surveyor.

Costs of litigation

Cost budgets are now required by the Court, and experts fees are included within these budgets, and are critically reviewed.

Choosing an Expert

The role of an expert witness is to provide independent opinion to assist the court. The two words underlined are fundamental to the role and were found to be lacking in the recent case of Proton Energy Group SA -v- Orlen Lietuva [2013] EWHC 2872.

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