Hamishmar Insurance Agency Ltd v First City Partnership
Citation: Lloyd’s Rep IR 215; 2010 All ER (D) 33 and [2009] EWHC 256 (Comm)
Nature of case:
A jointly appointed expert was required to determine certain amounts in issue in a counterclaim and the amounts due between the parties as found in the letter of instruction. The claimant submitted that the expert was required to determine further issues and sought a declaration regarding the scope of a reference for expert determination. Refusing such a declaration, the court held that the scope of reference to the expert was to be found only in the letter of instruction. The letters between the parties leading up to the agreement were their negotiating positions and were inadmissible.
