A valuer conducting a rent review under a clause postulating a willing lessor and willing lessee cannot conclude there is no market, but may have regard to the real market including the likelihood that there would be no other bidders. Courts should not make declarations directing how a valuer should conduct the valuation exercise. When reviewing a referee's report, the court's discretion to reject factual findings is confined to error in principle, absence or excess of jurisdiction, patent misapprehension of evidence, or manifest unreasonableness in fact-finding; where evidence is conflicting and the referee's finding is open on the evidence, the court should not ordinarily interfere. Parties may withdraw claims before a referee without leave of the court. Anshun estoppel does not arise where there is no judgment, no final orders, and no other proceedings — withdrawal of a claim in a notice of default does not bar a fresh notice.
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