Ackerman v Ackerman and others – WLR Daily

Posted January 6th, 2012 in law reports by tracey

Ackerman v Ackerman and others; [2011] EWHC 3428 (Ch);  [2011] WLR (D)  399

“The test for materiality in cases where an expert, appointed to make a determination, was alleged to have departed from his express or implied procedural instructions including an obligation of fairness was that: (a) if the decision was inevitable, it would not be material; (b) whether a determination was otherwise invalidated depended upon all the circumstances of the case, the nature of the omission or departure, and the effect it had on the expert in reaching his decision.”

WLR Daily, 21st December 2011