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Landlord and tenant law - appeal allowed due to Judge's reliance on expert evidence
05 December 2011
On 28th November 2011 the High Court allowed an appeal where, in reaching her Judgment, the Judge had wrongly relied upon an expert's opinion as to the useable area of site insofar as a business tenancy was concerned. It was clear to the Court that whilst the expert may have visited site, he had not actually measured it himself and not been available for cross examination. Indeed, it was likely that the expert adopted one of the party's measurements, rather than verifying it himself.
GLENFIELD MOTOR SPARES LTD v BRIAN SMITH [2011] EWHC 3130 (Ch)
If you wish to discuss any element of Landlord and Tenant law, please contact either our Property or Litigation Teams for a free, exploratory conversation.
Andrew Petchey, Partner, Litigation Team, Howell Jones LLP
