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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

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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