Reported Cases
Meat Corporation Of Namibia Limited v Dawn Meats (UK) Limited
The independence of an Expert [2011] EWHC 474 (Ch) TEDR Volume: 16 Issue: 1 The Facts This involved an application by the Claimant, Meat Co against the Defendant, Dawn, to oppose an application by the Defendant to call a new expert witness. They wished permission to be refused on the basis that proposed expert was in possession […]
Find Out MoreAxa Seguros, SA de CV v Allianz Insurance Plc And Others
Privilege and Expert reports [2011] EWHC 268 (Comm), [2011] Lloyd’s Rep IR 544 TEDR Volume: 16 Issue: 1 The Facts The Defendants claim litigation privilege over various pieces of material that were obtained and prepared pre-proceedings. The law was not seriously in dispute but was helpfully reiterated. Issues When is a pre-action report privileged? The Decision The […]
Find Out MoreSmith v Co-Operative Group Limited & Mark Hammond
Judge not entitled to reject expert evidence simply on the basis of his own experience but must give reasons as to why he does not accept it [2010] RTR 30, [2010] EWCA Civ 725 TEDR Volume 15 Issue 3 The Facts This was a case where a 13 year old boy, on his bicycle, cycled out […]
Find Out MoreWarner (a protected party) v Penningtons & Others
Scope of an Expert’s duty 119 BMLR 126, (2011) 119 BMLR 126, [2011] EWCA Civ 337 TEDR Volume 15 Issue 3 The Facts The main action involved a claim for alleged professional negligence on the part of solicitors and/or counsel in undersettling a personal injury action brought by the Claimant arising out of a serious brain injury […]
Find Out MoreIn the matter of D (a child)
Judge entitled to reject expert evidence on the basis of empirical, factual evidence [2010] EWCA Civ 1000 TEDR Volume 15 Issue 3 The Facts This was an appeal from Mostyn J. against an Order discharging all but one care Order in respect of 6 children who, thereafter, would return to their family home. The evidence before the Judge, […]
Find Out MoreEngland v Foster Wheeler Limited & Others
Expert criticised for changing opinion without justification 14th August 2009 (Sheffield County Court) TEDR Volume 15 Issue 2 The Facts This case involved a claim by the Claimant against five potential Defendants, all of whom employed him at some period or periods of his working life. His claim was for pleural thickening with restriction and respiratory […]
Find Out MoreFrost v Oldfield
Expert criticised for manner in which evidence was presented [2010] EWHC 279 (QB) TEDR Volume 15 Issue 2 The Facts This was a road traffic accident claim where the Claimant and Defendant were each riding motorcycles along a single lane road but travelling in opposite directions. The facts of the accident were that they hit each other […]
Find Out MoreMacdonald Estates Plc v National Car Parks
Arbitration or Expert’s Determination [2009] ScotCS CSIH_79A TEDR Volume 15 Issue 2 The Facts The parties had entered into a contract relating to the proposed development of a multi -storey car park. The terms of that contract are of little relevance here, save to say that the contract contained several provisions for resolution of disputes, some […]
Find Out MoreTufano v Vincenti
Immunity from Suit applicable to Experts – Libel Proceedings [2006] EWHC 1496 (QB) TEDR Volume 11 Issue 2 The Facts The applicant (V) had been instructed as an expert psychiatrist to prepare a report on T’s psychiatric condition and on any other matters within his expertise. T had agreed to the preparation of the report […]
Find Out MoreGreat North Eastern Rlwy Ltd v JLT Corporate Risks Ltd
Relevance of Expert Evidence to Limitation [2006] EWHC 1478 (QB) TEDR Volume 11 Issue 1 The Facts This was a claim between a GNER and its insurance broker (JLT) for a failure by the latter to obtain cover of a particular type. The claim in negligence was admitted by the insurance broker but it asserted […]
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