Cases - Palacath Ltd v Flanagan

Record details

Name

Palacath Ltd v Flanagan

Date

[1985]

Citation

2 AII ER 161

Keywords

Party walls

Summary

A surveyor had been appointed to determine the rent under a rent review clause in a lease. The agreement stated that he was appointed to act as an expert and not an arbitrator. The plaintiff landlord was unhappy with the rent fixed by the surveyor. The issue arose of whether the surveyor had been appointed as a quasi-arbitrator and therefore had immunity from liability. The judge considered that the surveyor was not an arbitrator or quasi-arbitrator. In particular, the surveyor:

• was entitled to rely on his own judgment and opinion;
• was not limited in any way by the submissions of the parties; and
• was not obliged to make any findings accepting or rejecting the parties' submissions.

The judge therefore did not consider that he was acting in a judicial function and he was thus not entitled to immunity.