Expert Witness

We are experienced at presenting evidence as an expert witness at arbitration, to independent experts and in Court.  Detailed knowledge of the case, thorough preparation and clear presentation are the essential skills we bring to each appointment.

Case Study

Beaufort House, St Botolph Street, London EC3

Allsop were appointed by instructing solicitors to represent the defendant landlord in a case involving the withholding of landlord’s consent to a proposed underletting in Beaufort House.  The case concerned the proposed terms of the underletting of two leases totalling circa 50,000 sq ft on the 1st floor and whether the proposed lettings conformed to the requirements laid out in the alienation provision of each lease, namely that the rent agreed should be “at a level not less than the rack rental reasonably obtainable in the open market”.

The brief required the preparation and exchange of expert witness statements where we set out our case to demonstrate that:
• The premises had not been marketed in a manner to ensure that the ‘best rack rent reasonably obtainable’ for the premises could be achieved.
• The rent agreed between the tenant and proposed undertenant was below market value, that the rent free period was too long and the capital contribution excessive.
 
Our involvement, which played a significant part in a successful outcome for our client, required the detailed investigation and analysis of key open market lettings transactions, compliance with CPR procedures, developing the valuation arguments in support of our client’s case and assisting the legal team with the content of Defence and Counter Claim documentation to be lodged into court.  We held ‘without prejudice’ discussions with the tenant’s expert witness to agree the Statement of outstanding issues.  We attended Counsel briefings prior to the three day Court hearing, where we made our case during questioning and cross examination by leading Counsel. 

Judgement fell in favour of the client, the judge having determined that the tenant had not conformed to the requirements of the lease and the landlord had not, therefore, been unreasonable in its refusal to grant consent to the proposed underlettings.