Case Reports

ADS Aerospace Limited v EMS Global Tracking Limited

How to refuse to mediate reasonably [2012] EWHC 2904 (TCC) TEDR Volume 18 Issue 1 Summary The Court held that a successful party should not be penalised in costs for having declined to mediate, as its refusal to do so had not been unreasonable. Background ADS had claimed over $16 million for breach of contract and […]

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Mengiste v Endowment Fund for the Rehabilitation of Tigray

Do not keep up with the Jones’ – expert mauled and Solicitor attacked… [2013] EWHC 599 (Ch) TEDR Volume 18 Issue 1 Introduction This is an interesting case for several reasons. First, it represents a comparatively unusual example of a forum conveniens argument about whether a trial should take place in England or in Ethiopa where all […]

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Webb Resolutions v E.Surv + Blemain Finance v E.Surv

Expert valuation evidence, the “Margin of Non-Negligent Valuation”, and how to approach lenders’ contributory negligence [2012] EWHC 3653 (TCC)  [2012] EWHC 3654 (TCC) TEDR Volume: 17 Issue: 3 The Facts Both cases also dealt with the proper approach to allegations that the lender had been contributory negligent. Webb and Blemain were two separate claims brought by lenders. Both […]

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Zvonko Bulic v Harwoods & Ors

Dis-Instructing a Single Joint Expert in favour of a Sole Expert [2012] EWHC 3657 (QB) TEDR Volume: 17 Issue: 3 The Facts The Claimant brought a claim for damages against the defendants for a serious, mechanical engine failure in his car. The critical issue between the parties was the cause of the engine failure. The Claimant asserted […]

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Dar v Vonsak Gateway Insurance

Withdrawing admissions on the basis of late Expert evidence [2012] EWHC 3632 (QB) TEDR Volume 17 Issue 3 The Facts In August 2010 the claimant’s vehicle was alleged to have been involved in a collision at a roundabout. His vehicle was declared a total loss which led the appellant insurer to admit liability. The vehicle was […]

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Zweite M/S “Philippa Schulte” Shipping GmbH v PSA Corp Ltd

How not to give Expert evidence [2012] SGHC 135 TEDR Volume 17 Issue 3 This is a case from the Singaporean High Court. It is reported in this issue because it gives some very good examples as to how experts should not approach their duties to the tribunal. In this case, both of the claimant’s experts came […]

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Cecil Guntrip v Cheney Coaches Ltd

Another Expert changes his mind – The effect on the party [2012] EWCA Civ 392 TEDR Volume 17 Issue 2 The Facts & Issues The appellant appealed to the Court of Appeal from the decision of a Circuit Judge which upheld an appeal from the decision of the District Judge to refuse to permit the Respondent to […]

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Grupo Hotelero Urvasco SA v Carey Value Added Sl

Expert’s withdrawal – and repercussions [2013] Bus LR D45, [2013] EWHC 1039 TEDR Volume 17 Issue 2 The Facts & Issues The Applicant applied for permission to rely on expert evidence related to delay in a construction project. This was complex litigation and the trial date had been vacated on two previous occasions already. The applicant accepted […]

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Wright x Basildon & Thurrock NHS Trust

Necessity for Expert Evidence, late application & £1 million fees [2011] EWHC 3980 (QB) TEDR Volume 17 Issue 2 The Facts The Applicant (the NHS Trust) applied for Summary Judgement on certain outstanding issues in a clinical negligence claim brought by the Respondent (Mr Wright). The Respondent had had severe acute pancreatitis. The Respondent had an operation […]

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Peter Annison v Paul Nolan

SJE acting beyond Instructions [2012] EWCA Civ 54 TEDR Volume: 17 Issue: 2 The Facts The Appellant appealed against a damages assessment made in a personal injury claim against the Respondent. In respect of serious injuries sustained by the Appellant arising from a road traffic accident the Claimant had admitted liability. That left the matter of damages […]

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