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Cracking it

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

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