A receiver’s management duties will ordinarily impose on him no general duty to exercise the power of sale, or to ‘work’ an estate by refurbishing it before sale. Speaking of the role of an expert witness ‘What really matters in most cases are the reasons given for the opinion. As a practical matter a well constructed expert’s report containing opinion evidence sets out the opinion and the reasons for it. If the reasons stand up, the opinion does, if not, not.’
Judges:
Jacob J
Citations:
[1997] BCC 180, [1997] 1 EGLR 123
Jurisdiction:
England and Wales
Cited by:
Appeal from – Routestone Limited v Minories Finance Limited (Formerly Johnson Matthey Bankers Ltd); Knight Frank and Rutley (a Firm) CA 14-Nov-1996
The judge should never lose sight of the central truths that the ultimate decision is for the court and that all questions of relevance and weight are for the court. . .
Cited – Pearce v Ove Arup Partnership Ltd and others ChD 2-Nov-2001
An architect was accused of deliberate copying of another’s plans in building the Kunsthal in Rotterdam. The case concerned Dutch copyright, and the experts could not agree on the degree of copying required to found a claim.
Held: The expert . .
Cited – Silven Properties Limited, Chart Enterprises Incorporated v Royal Bank of Scotland Plc, Vooght, Harris CA 21-Oct-2003
The claimants sought damages from mortgagees who had sold their charged properties as receivers. They said they had failed to sell at a proper value. They asked whether the express appointment in the mortgage of receivers as agents of the mortgagor . .
Cited – Roger Michael and others v Douglas Henry Miller and Another ChD 22-Mar-2004
Property had been sold by the respondents as mortgagees in possession. The claimants said the judge had failed to award the value of the property as found to be valued, and had not given a proper value to a crop of lavender.
Held: In . .
Cited – Lloyds Bank Plc and others v Cassidy CA 1-Dec-2004
The defendant sought leave to appeal against orders for possession. The trial had been transcribed by the claimant. At the start of the application, a copy of the transcript was given to the judge but not the defendant despite his application.
Cited – Watt v Dignan and Others CA 5-Oct-2017
The parties disputed the continued existence of rights to use a toilet. The servient owner sought to establish an estoppel.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.
Negligence, Litigation Practice
Updated: 06 May 2022; Ref: scu.184787