Don’t overstep the mark: what can an independent expert decide in a rent review determination?

The old saying goes “if you give them an inch, they’ll take a mile”, but the Court of Appeal has reaffirmed that an independent expert appointed by parties to make a binding determination in relation to their dispute is not entitled to anything more than that inch. The scope and nature of an expert’s powers are granted to him/her by the contract between the parties, so where the contract does not confer express rights on the expert, he/she simply does not have them.

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