Reported Cases
Homepace Limited v SITA South East Limited
Expert Determiners need to know what they are doing [2008] EWCA Civ 1 TEDR Volume 13 Issue 2 The Facts This appeal concerned whether a certificate issued by an expert for a determination pursuant to a lease was valid and therefore binding. The lease was of commercial premises part of which involved an area where […]
Find Out MoreRe: S (a child)
Expert should only see documentation relevant to issues [2008] EWCA Civ 365 TEDR Volume 13 Issue 2 The Facts The local Authority were seeking a Care Order relating to the fifth child of a couple. The first four children were already the subject of Care Orders. Accordingly, there was a great deal of material which […]
Find Out MoreShepherd & Neame v EDF Energy Networks (SPN) PLC
Expert’s Report once disclosed can be used by others [2008] EWHC 123 (TCC) TEDR Volume 13 Issue 2 The Facts 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 […]
Find Out MoreHalifax Life Limited v The Equitable Life Assurance Society
Expert Determination – the dangers of (inadequate) reasons [2007] EWHC 503 TEDR Volume 13 Issue 2 The Facts The parties agreed to refer their dispute for determination by an Expert. They agreed the Umpire’s terms of reference, which included terms that: 1. The decision would be binding on the parties save in the case of a […]
Find Out MoreThorp v Sharp
The burden of proof and the remit of the Expert [2007] EWCA Civ 1433 TEDR Volume 13 Issue 1 The Facts This case concerned a Claimant who had sustained a hip injury during an accident at work. The Claimant’s own evidence, and thus her case, was that she continued to suffer pain long after the […]
Find Out MoreNovartis Grimsby Ltd v John Cookson
Expert evidence – Judge preferring the evidence of one Expert to that of another EWCA Civ 1261 [2007] TEDR Vol 13 Issue 1 The Facts Mr Cookson had worked for Novartis in the production of dye-stuffs, including azo-dyes, for some years during the 1960’s. He had developed bladder cancer and alleged that the condition was […]
Find Out MoreIn the matter of M (Children)
Written Expert evidence and its evidential weight EWCA Civ 1363 [2007] TEDR he Facts This was a sorry case concerning the residence of three children. Originally, they had resided with their mother until the mother’s alcohol dependence resulted in the children’s’ father removing them from their Midlands home to London. He cared for them there […]
Find Out MoreLeo Sawrij Ltd v North Cumbria Magistrates’ Court
When is an Expert not an expert? [2009] EWHC 2823 TEDR Volume 14 Issue 3 The Facts The Appellant (Defendant) was originally prosecuted for environmental offences. All four complaints were dismissed after the close of the Prosecution case. The Appellant had obtained an Expert’s report. It had been of considerable assistance to the Appellant during […]
Find Out MoreJones v Kaney
Professional Negligence of the Expert Witness [2010] EWHC 61 (QB) TEDR Volume: 15 Issue: 1 The Facts The Defendant (a Consultant Clinical Psychologist who had acted as a forensic expert in Psychology within a personal injury action on behalf of the Claimant) sought to strike out a claim issued against her for professional negligence in the preparation of […]
Find Out MoreWilliams v Jervis
Is the Conduct of an Expert Relevant to Costs? [2009] EWHC 1837 (QB) The Facts Mrs Williams brought a claim for personal injuries sustained by her during a road traffic accident. The litigation was lengthy and, as the Judge found, conducted at “high temperature”. Mrs Williams claimed, amongst other things, to have sustained an injury […]
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