Chris’s Expert Determination Cases
procedure where an expert whose decision is final and binding resolves a dispute, usually of a technical nature.
Chris’s usual expert determination appointments come from the list maintained by the President of ICAEW; there are about 100 chartered accountants on the list, out of a total membership of 140,000, who are regarded as competent to carry out this work.
The process is supposed to be quick, but one of Chris’s cases lasted about 7 years, because before fixing the price of the company, we had to wait for a decision from the tax commissioners on RIOTs (Reservation of Interest in Offshore Trusts).
Case 1 – Dilapidations
One case concerned the claim for dilapidations at the end of leases on some big retail stores. The DRC (dispute resolution clause) said that the President of RICS should appoint an expert to decide a bill of quantities, and the President of ICAEW should appoint a chartered accountant if there remained any argument about the value of the claim. Instead, the parties went straight to the ICAEW President, who appointed Chris. He had to engage a chartered surveyor to advise him, and together they arrived at the figure, which Chris awarded, one party against the other.
Case 2 – When Solicitors Fall Out…
With one of Chris’s private appointments, the continuing partners in a law firm could not agree with the senior partner how much he should be paid on retiring. The dispute went to arbitration, where a well-known arbitrator took ages to make a decision, charging a fee of more than the amount in dispute!
But his decision was only on principles, and Chris then had to be appointed to determine quantum. He could have settled the whole matter under expert determination, principles and quantum, for about a quarter of the overall cost.
Case 3 – Mediation, Expert Determination, Solution
Chris mediated a doctors’ partnership dispute where the parties were only able to agree principles. So they then appointed Chris as ED to determine the exact amount due one to the other.
As one of only a handful of chartered accountants who do EDs, Chris sat on the Forensic committee of ICAEW for many years, and on its ED sub-committee, where they issued recommended rules based on those of The Academy of Experts.
Chris was one of the first five to be accredited as an ED by The Academy of Experts, where he now acts as an examiner for new applicants. Hopefully the above case studies show you how he uses his expertise to provide creative solutions to each case.
Contact Chris to discuss further how he can help.