Redding Park Development Company Ltd v Falkirk Council [2011] ScotCS CSOH_202 (08 December 2011)

Redding Park Development Company Ltd v Falkirk Council [2011] ScotCS CSOH_202 (08 December 2011)

The independent expert did not fail to exhaust his jurisdiction, as the contract confined him to the original heads of claim and method of apportionment. Although he exceeded his remit by ordering payment, this was severable and did not invalidate the rest of the determination. The petitioner, having approbated the determination by instructing payment, is barred from challenging its validity.

Citation
[2011] ScotCS CSOH_202
Parties
Petitioner: Redding Park Development Company Limited; Respondent: Falkirk Council
Jurisdiction
Scotland
Judgment Date
08 December 2011
Procedural Posture
Judicial Review / Final Judgment at First Instance
Outcome
petition refused
Legal Topics
Expert Determination, Remit of Independent Expert, Approbation and Reprobation, Personal Bar, Contractual Interpretation
Contract Law Commercial Law Civil Procedure Expert Determination Remit of Independent Expert Approbation and Reprobation Personal Bar Contractual Interpretation

Case Brief

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Parties

Redding Park Development Company Limited

Petitioner

Falkirk Council

Respondent

Procedural Posture

Judicial Review / Final Judgment at First Instance

Legal Issues

  1. 1 Did the independent expert fail to exhaust his jurisdiction in the second determination?
  2. 2 Did the independent expert exceed his jurisdiction by ordering payment?
  3. 3 Is the petitioner barred from challenging the determination due to approbation and reprobation?

Ratio Decidendi

The independent expert did not fail to exhaust his jurisdiction, as the contract confined him to the original heads of claim and method of apportionment. Although he exceeded his remit by ordering payment, this was severable and did not invalidate the rest of the determination. The petitioner, having approbated the determination by instructing payment, is barred from challenging its validity.

Court Disposition

petition refused

Orders

  • Petition for reduction of the expert determination refused.