header-logo header-logo

06 December 2013 / Ross Risby
Issue: 7587 / Categories: Features , Expert Witness
printer mail-detail

Cracking it

web_risby

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll