- Specific performance - an order to abide by an expert determination where one party refuses (Coventry City Council v GK Investments Limited)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: Where two parties who are in dispute over an alleged breach of lease resolve to appoint an expert, is the losing party obliged to give effect to the expert determination by executing a deed? The court held that the parties had expressly agreed that the expert determination would result in a completed deed, to give it effect or, alternatively, such an agreement could be implied as a matter of law. The claim concerned the finding of an expert that the defendant was in breach of lease and that, as a result, it should enter into a deed of variation to increase the annual rent from a peppercorn to £21,000, over the remainder of the term. However, the defendant argued that it could not be compelled to execute the said deed and nor was it bound to do so. Written by Iqbal Mohammed, barrister at St Philips Chambers.
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