Reported Cases
Armstrong & O’Connor v First York
Court can prefer eye witness evidence to the expert’s opinion [2005] EWCA Civ 277 TEDR Volume 11 Issue 1 The Facts This case concerned two claimants who claimed that, whilst waiting at traffic lights in the centre of York, one of the Defendant’s buses collided with their car, and that they sustained back injuries as […]
Find Out MoreThe Owners and Bareboat Charterers of the vessel “Global Mariner” v the Owners and Bareboat Charterers of the vessel “Atlantic Crusader”
Guidelines for Assessors [2005] EWHC 380 (Admlty), [2005] 1 Lloyd’s Rep 699 TEDR Volume 11 Issue 1 The Facts This was a case arising out of a collision between two vessels on the Orinoco River in Venezuela. The dispute was about fault for the collision, and an expert assessor had been appointed by the Court, […]
Find Out MorePetursson and Another v Hutchinson 3G
Crusading expert lacked evidence [2005] EWHC 920 (TCC) TEDR Volume 11 Issue 1 The Facts The Claimants in this case sought an order for removal of the Defendant mobile phone company’s mast which, at the time the claim was started, was situated next door to the Claimants’ home. The Claimants claimed that the mast, by […]
Find Out MoreVasiliou v Hajigeorgiou
The effect of not stipulating the expert by name [2005] EWCA Civ 236 TEDR Volume 11 Issue 1 The Facts 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 […]
Find Out MoreIn the Matter of A Company
The fascinating case of a without prejudice threat [2005] Reported in Lawtel (a decision of Lewison J in the High Court, Chancery Division) TEDR Volume 11 Issue 1 The Facts The Claimants had issued proceedings for the return of documents and for injunctions restraining their use or dissemination. The action was stayed for mediation to […]
Find Out MoreGW & PW v Oldham Metropolitan Borough Council and another
Medical experts reference and the consumer need for 2nd Expert [2006] 1 FLR 543, [2005] EWCA Civ 1247 TEDR Volume 11 Issue 1 The Facts The appellant parents (W) appealed against an order made in care proceedings brought by the Oldham Met Borough Councul in relation to their son. After the conclusion of the first […]
Find Out MoreRe M (Children) (Expert Evidence)
Practical approach for Experts’ access [2004] EWCA Civ 1311 TEDR Volume 11 Issue 1 The Facts This case involved a man who had been found to have committed some acts of sexual abuse against his own daughter, and the daughter of his partner. He had a further nine children with his partner, some very young. […]
Find Out MoreMid-Devon District Council v Stevenson
The discretion to allow further Expert Evidence to be obtained [2007] UKEAT 0196_07_1810 TEDR Volume 12 Issue 3 The Facts The proceedings consist of a claim presented to the Employment Tribunal on 30th November 2005 by Ms Stevenson against her employers, MDDC, in which she complains of unfair dismissal, disability discrimination and failure, in breach […]
Find Out MoreBritish Nuclear Group Sellafield Ltd v Gemeinschaftskernkraftwerk Grohnde GmbH & Anor
The Employed Expert and how to Overcome a Lack of Independence [2007] EWHC 2245 (Ch) TEDR Volume 12 Issue 3 The Facts The case involved the calling of both factual and expert witnesses to provide evidence and some witnesses who gave both factual AND expert evidence. The Issues The issues in the case arose out […]
Find Out MoreOldham Metropolitan Borough Council (Applicant) v (1) GW (2) PW (3) KPW (A Child by his Guardian Jacqueline Coultridge) (Respondents) & W ST C Forbes
Guidance for Experts in Family (and possibly other) Matters [2007] EWHC 136 (Fam), [2007] 2 FLR 597 TEDR Volume 12 Issue 2 The Facts The court was asked to determine certain facts and make recommendations, and in particular to make some findings in respect of an expert (F) in paediatric neuro-radiology, arising out of concluded […]
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