Save and Prosper Pensions v Homebase [2001] L. & T.R. 11 concerned the removal of an arbitrator because of a conflict of interest. It is important that the appointment of an arbitrator or expert is appropriate and fair. In Save and Prosper v Homebase, the rent review arbitrator’s firm acted for companies associated to one of the parties in the arbitration to a meaningful extent (Homebase and its parent company at that time J Sainsbury plc). Andrew Tugwell acted for Save and Prosper.
This decision should not be viewed as an absolute bar so as to prevent experts or arbitrators acting where there is a connection with one of the parties. It would be a matter of degree and context in each case, but the RICS has since renewed its guidance for members acting as experts or arbitrators.