EXPERT DETERMINATION - AN ALTERNATE OPTION?

Following the Court of Appeal decision handed down today (29 November 2023) in Churchill v Merthyr Tydfil County Borough Council by a bench comprising England and Wales’ new Lady Chief Justice Lady Carr, Master of the Rolls Sir Geoffrey Vos and Lord Justice Birss, the 2004 decision in Halsey v Milton Keynes General NHS Trust was reversed https://www.cdr-news.com/categories/arbitration-and-adr/19799-breaking-court-of-appeal-buries-halsey

The landmark decision overturns two decades of case law and confirms that courts can stay proceedings and compel mediation. The England and Wales Court of Appeal has ruled that courts can order parties to mediate or use other forms of non-court-based dispute resolution, overturning a previous decision that held such orders would violate the right to a fair trial.

Expert Determination is a valid form of non-court-based dispute resolution that is ideally suited to business disputes which are primarily dependent on technical issues such as breach of warranty claims, valuations of shares, contract performance matters or indeed, any matter of a financial nature.

The benefits of Expert Determination include:

- Private to the parties;

- Speedy resolution of the dispute;

- Parties can appoint an expert to suit the problem;

- Simple rules (such as those published by The Academy of Experts);

- Final and binding on the parties, and finally,

- Cost-effective!

Expert Determination is a dispute resolution process in which an independent expert in the subject matter of the dispute, is appointed by the parties to resolve the matter. The expert’s decision is - by prior agreement of the parties - legally binding on the parties. Like all ADR processes, it is entirely confidential.

As Forensic Accountants, we are qualified Expert Determiners and have experience in providing determinations that are final and legally binding on the parties.

Contact our experienced team at Matrix Forensic for an informal chat about ways in which we can assist you or your client.

Call today 07775 712961 or 0203 463 1910

https://www.matrixforensic.co.uk/services/alternative-dispute-resolution/expert-determination