[2024] EWHC 3625 (TCC)

Orchard House initiated the Part 8 Claim, with a view to establishing that Mr Wilson’s expert determination should not be final and binding on the parties, on the grounds that he had exceeded his jurisdiction and/or fallen into manifest error.

Mr Wilson produced his valuation on a net residual land value basis, assessing the likely sale proceeds of the proposed development authorised by the Planning Permission and then deducting relevant costs. He received written submissions from the parties’ experts before producing his valuation.

Mr Wilson produced his valuation of the entirety of Plot C, rather than Plot C less Plot G. Orchard House maintains that the diminished land should have been valued, by virtue of an estoppel by convention. It notes that Mr Rees raised this issue with Mr Wilson before he produced his report but that nevertheless he valued Plot C in its entirety. Accordingly, Orchard House’s position is that the report was produced on a flawed basis and that Mr Wilson departed from his jurisdiction.

The remaining bases of the Claimant’s challenge are that Mr Wilson committed manifest errors in that:-