Epoch Properties Ltd. v B.H.S. [2004] JLR 186 (26 May 2004)

Epoch Properties Ltd. v B.H.S. [2004] JLR 186 (26 May 2004)

The appointment of a UK surveyor by the President of RICS is binding unless the President departs from instructions to a material extent, which requires Wednesbury unreasonableness; mere mistake or disagreement is insufficient.

Citation
[2004] JLR 186
Parties
Applicant: Epoch Properties Ltd.; Respondent: B. H. S.
Jurisdiction
Jersey
Judgment Date
26 May 2004
Procedural Posture
Civil / Judgment
Outcome
appointment upheld
Legal Topics
Appointment of Surveyor, Interpretation of Lease, Powers of RICS President
Property Law Contract Law Appointment of Surveyor Interpretation of Lease Powers of RICS President

Case Brief

Summary, issues, holding and outcome

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Parties

Epoch Properties Ltd.

Applicant

B. H. S.

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the appointment of a UK surveyor by the President of RICS is binding despite a lease preference for a Jersey surveyor
  2. 2 Whether a material departure from instructions by the President of RICS invalidates the appointment
  3. 3 Standard for judicial review of the President's decision

Ratio Decidendi

The appointment of a UK surveyor by the President of RICS is binding unless the President departs from instructions to a material extent, which requires Wednesbury unreasonableness; mere mistake or disagreement is insufficient.

Court Disposition

appointment upheld