Reported Cases
Miah V Birmingham & The Black County Strategic Health Authority
Another case of misuse of statistics by an Expert [2007] EWCA Civ 290 TEDR Volume 12 Issue 2 The Facts Mr. Miah was 26 years of age and suffered from severe athetoid cerebral palsy. This was brought about in the final stages of labour when he was born. It was a catastrophic case of cord […]
Find Out MoreR (on the application of Singapore Medical Council) (Claimant) v General Medical Council (Defendant) & Simon Shorvon (Interested Party) (2006)
Expert adviser investigation [2006] EWHC 3277 (Admin) QBD (Admin) (Davis J) 21/12/2006 TEDR Volume 12 Issue 1 The Facts The claimant, the Singapore Medical Council (“SMC””, applied for judicial review of a decision of the GMC to cancel the referral of a charge to its Fitness to Practise Panel against the interested party ” Professor […]
Find Out MoreAndrew Carruthers v (1) Mp Fireworks Ltd (2) Balfour Convenience Stores Ltd
Potential Conflicts of Interest Bristol County Court (Recorder Moxon-Browne QC) 26th January 2007 TEDR Volume 12 Issue 1 The Facts The appellant appealed against a case management decision giving him permission to rely on an expert’s report subject to the disclosure to the defendants of an earlier report from a different expert. The claimant had […]
Find Out MoreAird and Aird v Prime Meridian Limited
The confused case of the meeting of experts and mediation [2006] EWHC 2338 (TCC) TEDR Volume 12 Issue 1 The Facts This was a building dispute which went to litigation. In the course of the litigation HHJ Thornton QC made a direction that: “By 23.9.05 the parties’ architectural experts ….do meet without prejudice and prepare […]
Find Out MoreKirkman v Euro Exide Corporation (CMP Batteries Ltd)
Relevance of Expert Evidence to Limitation [2007] EWCA Civ 66 TEDR Volume 12 Issue 1 The Facts In September 2001 the claimant sustained an accident at work when he fell into a 2 feet deep hole. His foot became trapped and he suffered a wrenching injury to the right knee. He had some previous history […]
Find Out MoreAlitalia-Linee Aeree Italiane SPA v Rotunno and Othersted
Interpretation of documents is the judge’s job [2008] EWHC 185 (Ch) TEDR Volume 13 Issue 3 The Facts The case concerned the pension scheme set up by the Claimant for the benefit of its employees. The case revolved around construction of the scheme relating to its funding. Each party produced expert actuarial evidence. The Issues […]
Find Out MoreMultiplex Constructions (UK) Limited v (1) Cleveland Bridge UK Limited and (2) Cleveland Bridge Dorman Long Engineering Limited
Lay Witness with expert knowledge [2008] EWHC 2220 (TCC) TEDR Volume 13 Issue 3 The Facts This review concerns the status of the evidence of a Mr Taylor at the final trial of the extensive litigation arising out of the construction of the “new” Wembley Stadium. Mr Taylor gave his evidence by way of witness […]
Find Out MoreEsure Insurance Ltd v Direct Line Insurance PLC
Experts need knowledge Lawyers do not have [2008] EWCA Civ 842 TEDR Volume 13 Issue 3 The Facts This matter arose out of opposition proceedings pursuant to the Trade Marks Act 1994. The opponents (Direct Line) contended that the mark sought to be registered (a computer mouse with wheels (of undetermined colour) for insurance and […]
Find Out MoreSaunder v Birmingham City Council
SJE – tests for allowing additional Experts [2008] UKEAT 0591_07_2105 TEDR Volume 13 Issue 3 The Facts Mr Saunder brought a claim against his employers, Birmingham City Council alleging 48 individual complaints of unlawful racial discrimination. Three of those complaints were upheld by the Employment Tribunal and Birmingham City Council was found liable for those […]
Find Out More(1) Cumbria Waste Management Limited and (2) Lakeland Waste Management Limited v Baines Wilson (a firm)
Cumbria Waste Management and Lakeland Waste Management sue their former solicitors for negligence in waste management agreement. Can the solicitors access confidential mediation documents? Court ruling emphasizes the importance of without prejudice communication and upholds confidentiality agreement.
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