Can you challenge an expert determination?
About a year ago, I wrote an article (“Is an Expert Determination always the final answer?” – see https://chrismakin.co.uk/is-an-expert-determination-always-the-final-answer/ ) in which I explain how difficult it is for a party to a dispute settled by ED to challenge the expert’s decision. Here is an update.
I am keen that ED is used for many kinds of dispute, not just those arising under rent or company sale/purchase agreements. Most of mine, of course, are of the latter type, though I have recently determined disputes over the rent payable to a farmer for wind turbines on his land, or the amount payable in royalties on music downloads. But for the present I will stay with company sale/purchase disputes; as a chartered accountant this is my home territory.
ED has a number of advantage: speed, confidentiality, you can chose an expert with the appropriate qualifications, and so on. But the main advantage is finality; the parties need to know where they stand, and they don’t want to be kept waiting months for a court date, and then a series of appeals if one party or the other doesn’t like the result.
