Reported Cases
David Walker v Smith Anderson Packaging Limited
Ergonomics – an uncomfortable seat in the box [2012] CSOH 001 TEDR Volume 17 Issue 1 In many ways these judicial comments on the experts might be regarded as the Scots version of the English popcorn case (Trebor Bassett Holdings Limited & others v ADT Fire & Security Plc [2011] EWHC 1936 (TCC)) last year. There is […]
Find Out MoreSmales v Lea and Others
Experts fees – Statute Barred [2011] EWCA Civ 1325 TEDR Volume 16 Issue 3 The Facts The Claimant was a Chartered Surveyor of many years experience. He had been engaged by the occupants of a first floor flat to report into defects with the property in which they lived. They owned the freehold to the whole […]
Find Out MoreWilky Property Holdings Plc v London & Surrey Investments Ltd
Interpretation of a clause – is it Arbitration or Expert Determination? [2011] EWHC 2226 (Ch) TEDR Volume 16 Issue 3 The Facts The Defendant was applying for a stay of Part 8 proceedings issued by the Claimant pursuant to the Arbitration Act 1996 or the inherent jurisdiction of a Court. The Defendant claimed that it had invoked […]
Find Out MoreThe Queen re Stewart Ford v (Def) The FSA and (Interested Parties) Peter Johnson and Mark Owen
Joint Privilege [2011] EWHC 2583 (Admin) TEDR Volume 16 Issue 3 The Facts The Claimants and the interested parties were trying to assert joint interest legal privilege over various e-mails sent to them by their solicitor between February and June 2008. The case concerned legal advice privilege only. The Claimant and Mr Owen (one of the […]
Find Out More(1)Trebor Bassett Holdings Limited (2) The Cadbury UK Partnership and ADT Fire and Security PLC
Behaviour of Experts [2011] EWHC 1936 (TCC) TEDR Volume 16 Issue 3 The Facts The facts surrounded a catastrophic fire which destroyed the Claimant’s large confectionery factory in Pontefract. The issues surrounded the Defendant’s supply of a CO2 fire suppression system for the popcorn machinery where the fire broke out. It is not necessary for our […]
Find Out MoreRolf v De Guerin
Failure to engage in mediation [2011] EWCA Civ 78 TEDR Volume 16 Issue 2 The Facts The case involved a building dispute between a home owner (Mrs Rolf) and a small builder (the Defendant). The builder was to carry out works to the garage and loft of the home. There were contractual terms for part payment. […]
Find Out MoreMedimmune limited v (1) Novartis Pharmaceuticals UK Ltd And (2) the Medical Research Council
The drafting of Experts’ reports [2011] EWHC 1669 (pat) TEDR Volume 16 Issue 2 The Facts This case concerned an action by the Claimant against the First Defendant for an alleged infringement of a patent. Technical expert evidence was thus required. The Issues The Court discussed and gave guidance upon the instruction of expert witnesses, particularly […]
Find Out MoreCrema v Cenkos Securities Plc
Is expert evidence required to assist [2010] EWCA Civ 1444 TEDR Volume 16 Issue 1 The Facts This was a commercial case and involved the interpretation of a contract. The question which concerns us is whether or not a Court can take account of expert evidence on the issue of “market price” for the purposes of […]
Find Out MoreEdwards-Tubb v JD Wetherspoon Plc
Disclosure of an Expert’s report obtained during the pre-action protocol period [2011] EWCA Civ 136 TEDR Volume 16 Issue 1 The Facts During the pre-action protocol period in a personal injury action the Claimant had nominated three experts upon which he sought to rely. One of those experts was instructed but the Claimant did not wish to […]
Find Out MoreZeid And Others v Credit Suisse
The experience of an Expert [2011] EWHC 2422 (Comm), [2011] 2 CLC 523 TEDR Volume: 16 Issue: 1 The Facts This was an application to determine whether expert evidence might or might not be of assistance in a complex financial case where Credit Suisse had advised the Claimants to invest in some Structured Notes. The first attack […]
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