The Courts Power To Review Expert Determinations

The recent Court of Appeal decision in Homepace Ltd -v- Sita South Limited provides a useful reminder of the extent of the Court's power to review the decision of an expert appointed by the parties to determine a dispute under a contractual expert determination provision.

In this case there was a dispute regarding a lessee's liability to pay rent that would cease upon the exhaustion of all economically recoverable reserves of minerals in or under the land in question. The lease provided for the appointment of a surveyor to determine whether the mineral reserves were indeed economically recoverable. The surveyor drafted his report and subsequently answered questions by explaining the approach he had taken and providing clarifications. Issues arose as to whether the surveyor's report complied with the requirements of the lease, and how far, if at all, that question could be examined by the court. In