Originally published in TEDR Volume 13 Issue 2 (publication date not recorded).
[2008] EWHC 123 (TCC) TEDR Volume 13 Issue 2
The case involved a fire. There were multiple parties. The issue was, essentially, who and what caused the fire and, whether that party bore any liability.
Each Defendant and the Claimants had permission to instruct a Fire Expert. Those reports had been exchanged in accordance with the CPR. The Experts had met (on several occasions) and joint statements were available. All bar one expert agreed that the seat of the fire was on the supply side of the electricity meter. Only the expert for EDF disagreed, contending the seat of the fire was on the consumer side. If the latter was correct, it was agreed that EDF could bear no liability. If it was the former, the question was whether EDF were liable for the fire.
On the first day of the trial, it was agreed that the Second and Third Defendants should be allowed out of the proceedings on terms. Some of the Claimants’ claims were also disposed of by agreement but some remained.
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