Originally published in TEDR Volume 11 Issue 1 (publication date not recorded).
[2005] EWCA Civ 236 TEDR Volume 11 Issue 1
This was a claim for damages for breach of a covenant of quiet enjoyment. Liability had been established and the remaining issue was assessment of damages.
At a case management conference the judge had given both parties permission to instruct an expert each in the area of restaurant valuation. The Defendant instructed an expert who visited the Claimant’s premises, but shortly afterwards a second expert attempted to inspect the premises. The Defendant had decided he did not wish to rely on the first expert (having seen his ‘draft interim’ report) and had instructed a second expert.
The Claimant applied for an order that the Defendant be barred from relying on the second expert report, and to have the first expert’s report disclosed.
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