Epoch Properties v BHS and Fall [2004] JCA 156 (10 September 2004)

Epoch Properties v BHS and Fall [2004] JCA 156 (10 September 2004)

The President's appointment of Mr Finn as expert was valid because, after correctly categorising the premises as a variety store, it was reasonable to conclude that no Jersey-based surveyor had the requisite experience. The President's decision was not unreasonable or contrary to the lease, and procedural fairness was not denied to Epoch.

Citation
[2004] JCA 156
Parties
Appellant: Epoch Properties Limited; First Respondent: British Homes Stores (Jersey) Limited; Second Respondent: Peter Fall as President of the Royal Institution of Chartered Surveyors
Jurisdiction
Jersey
Judgment Date
10 September 2004
Procedural Posture
Appeal / Appeal Against Royal Court Judgment Dismissing Application for Declaration of Invalidity of Expert Appointment
Outcome
Appeal dismissed
Legal Topics
Rent Review, Appointment of Expert, Interpretation of Lease, Judicial Review, Procedural Fairness
Property Law Landlord and Tenant Contract Law Rent Review Appointment of Expert Interpretation of Lease Judicial Review Procedural Fairness

Case Brief

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Parties

Epoch Properties Limited

Appellant

British Homes Stores (Jersey) Limited

First Respondent

Peter Fall as President of the Royal Institution of Chartered Surveyors

Second Respondent

Procedural Posture

Appeal / Appeal Against Royal Court Judgment Dismissing Application for Declaration of Invalidity of Expert Appointment

Legal Issues

  1. 1 Whether the appointment of an expert by the President of the Royal Institution of Chartered Surveyors complied with the terms of the lease
  2. 2 Whether the President's decision was unreasonable or contrary to the lease
  3. 3 Whether procedural fairness was denied to the appellant

Ratio Decidendi

The President's appointment of Mr Finn as expert was valid because, after correctly categorising the premises as a variety store, it was reasonable to conclude that no Jersey-based surveyor had the requisite experience. The President's decision was not unreasonable or contrary to the lease, and procedural fairness was not denied to Epoch.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.