Holland House Property Investments Ltd v Norna Forsyth Crabbe & Anor [2008] ScotCS CSIH_40 (02 July 2008)

Holland House Property Investments Ltd v Norna Forsyth Crabbe & Anor [2008] ScotCS CSIH_40 (02 July 2008)

The lease and terms of engagement did not create a quasi-judicial or arbitral process; the surveyor was appointed as an independent expert to determine fair market rent, free to make independent enquiries, and there was no formulated dispute submitted for adjudication. Therefore, the surveyor's determination is binding and not subject to challenge for breach of natural justice.

Citation
[2008] ScotCS CSIH_40
Parties
Pursuer/respondent: Holland House Property Investments Limited; Defender/appellant: Norna Forsyth Crabbe; Defender/appellant: J. Euan Edment
Jurisdiction
Scotland
Judgment Date
02 July 2008
Procedural Posture
Appeal / Final Appellate Decision
Outcome
appeal refused
Legal Topics
Rent Review, Lease Interpretation, Expert Determination Vs Arbitration, Natural Justice
Property Law Contract Law Rent Review Lease Interpretation Expert Determination Vs Arbitration Natural Justice

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Parties

Holland House Property Investments Limited

Pursuer/respondent

Norna Forsyth Crabbe

Defender/appellant

J. Euan Edment

Defender/appellant

Procedural Posture

Appeal / Final Appellate Decision

Legal Issues

  1. 1 Was the appointed surveyor acting as an arbiter or as an independent expert under the lease?
  2. 2 Did the surveyor breach the rules of natural justice in his determination?

Ratio Decidendi

The lease and terms of engagement did not create a quasi-judicial or arbitral process; the surveyor was appointed as an independent expert to determine fair market rent, free to make independent enquiries, and there was no formulated dispute submitted for adjudication. Therefore, the surveyor's determination is binding and not subject to challenge for breach of natural justice.

Court Disposition

appeal refused

Orders

  • Sheriff principal's interlocutor adhered to; decree for payment to pursuers stands