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06 December 2013 / Ross Risby
Issue: 7587 / Categories: Features , Expert Witness
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Cracking it

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Ross Risby highlights the value of selecting the best experts in professional negligence litigation

The expert evidence given at trial often plays a crucial role in determining the ultimate outcome of professional negligence litigation. Three recent cases act as reminders of the importance which needs to be placed on selection of the experts, if a party is to be given the best chance of success at trial.

 

Survey failings

In Igloo Regeneration (General Partner) Ltd v Powell William Partnership [2013] EWHC 1718 (TCC), [2013] All ER (D) 257 (Jun) the claimant had bought historic mill buildings in Leeds in 2003. Prior to the purchase, it engaged the defendant surveyors and engineers (PWP) to survey those buildings. PWP reported that cracking was visible in three brick piers and suggested that remedial ties should be installed, the situation monitored and £20,000 be retained for future remedial work.

Serious increases in crack size were subsequently recorded which were later accepted as being consistent with compression failure. Remedial works cost substantially more than the £20,000 PWP had suggested be set aside and proceedings were issued against PWP,

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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