Source: All England Reporter
Publisher Citation: [2002] All ER (D) 274 (Nov)
Court: Chancery Division

Judge McGonigal sitting as a judge of the High Court

Representation Daniel Toledano (instructed by Herbert Smith) for the appellant.
  Philip Marshall (instructed by Stevens & Bolton, Guildford) for the respondent.
Judgment Dates: 19 November 2002


Practice and procedure - Interim application - Application for determination of preliminary issue by master - Appeal - Jurisdiction to entertain proceedings.

The Case

On an appeal, inter alia, against a decision by the master that the expert determination machinery put in place under an agreement between the parties had broken down and that the court should intervene to substitute its own machinery, the court ruled that the master was entitled on the evidence to reach the decision he did and accordingly dismissed the appeal.

Practice Areas

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