Cases - English Exporters (London) Ltd v Eldonwall Ltd
Record details
- Name
- English Exporters (London) Ltd v Eldonwall Ltd
- Date
- [1973]
- Citation
- 1 AII ER 726, ChD
- Legislation
- Keywords
- Expert witness - Landlord and Tenant Act 1954
- Summary
-
In a dispute over a Landlord and Tenant Act 1954 determination of interim rent under a commercial lease, the judge made a number of findings on the admissibility of valuation expert witnesses’ evidence, including evidence of transactions which they had no first-hand knowledge of:
'... in my judgement a valuer giving expert evidence in chief (or in re-examination) -
- may express the opinions that he has formed as to values even though substantial contributions to the formation of those opinions have been made by matters of which he has no first-hand knowledge;
- may give evidence as to the details of any transactions within his personal knowledge, in order to establish them as matters of fact; and
- may express his opinion as to the significance of any transactions which are or will be proved by admissible evidence (whether or not given by him) in relation to the valuation with which he is concerned; but
- may not give hearsay evidence stating the details of any transactions not within his personal knowledge in order to establish them as matters of fact.'