Useful Cases

The cases shown below are of relevance to Experts and Mediators and have been published in The Academy's Journal - The Expert and Dispute Resolver.These are not meant to be a comprehensive list of cases but are a selection of those which are of particular interest.Click on the case name for further information about each case.

Case

TEDR Edition

City of London v Sancheti
[2008] EWCA Civ 1283
Stay of Arbitration proceedings
Vol 14
Iss 1
McKechnie Plastic Components v Mrs E Grant
UKEAT/0284/08/MMA
Is the decision of a Joint Expert final?
Vol 14
Iss 2
Stewart (a protected party by his Litigation Friend Christopher Ramwell) v Glaze
[2009] EWHC 704 (QB)
Accident Reconstruction Evidence
Vol 14
Iss 2
Health Service Executive v Eamon Keogh trading as Keogh Software
[2009] IEHC 5407 P (High Court, Ireland)
Expert Determination (Ireland)
Vol 14
Iss 3
Williams v Jervis
[2009] EWHC 1837 (QB
)
Is the Conduct of an Expert relevant to costs?
Vol 14
Iss 3
Leo Sawrij Ltd v North Cumbria Magistrates’ Court
[2009] EWHC 2823 (Admin)
When is an expert not an expert?
Vol 14
Iss 3
In the matter of M (Children)
[2007] EWCA Civ 1363
Written Expert Evidence and its evidential weight
Vol 13
Iss 1
Novartis Grimsby Ltd v John Cookson
[2007] EWCA Civ 1261
Expert evidence - Judge preferring the evidence of one Expert to that of another
Vol 13
Iss 1
Thorp v Sharp
[2007] EWCA Civ 1433
The burden of proof and the remit of the Expert
Vol 13
Iss 1
Halifax Life Limited v The Equitable Life Assurance Society
[2007] EWHC 503
Expert Determination - the dangers of (inadequate) reasons
Vol 13
Iss 2
Shepherd & Neame v EDF Energy Networks (SPN) PLC
[2008] EWHC 123 (TCC)
Expert’s Report once disclosed can be used by others
Vol 13
Iss 2
Re: S (a child)
[2008] EWCA Civ 365
Expert should only see documentation relevant to issues
Vol 13
Iss 2
Homepace Limited v SITA South East Limited
[2008] EWCA Civ 1
Expert Determiners need to know what they are doing
Vol 13
Iss 2
(1) Cumbria Waste Management Limited and (2) Lakeland Waste Management Limited v Baines Wilson (a firm)
[2008] EWHC 786 (QB)
Disclosure, Without Prejudice, Confidentiality and Litigation
Vol 13
Iss 2
Saunder v Birmingham City Council
EAT 21/5/08
SJE - tests for allowing additional Experts
Vol 13 Iss 3
Esure Insurance Ltd v Direct Line Insurance PLC [2008] EWCA Civ 842
[2008] EWCA Civ 842Experts need knowledge Lawyers do not have
Vol 13
Iss 3
Multiplex Constructions (UK) Limited v (1) Cleveland Bridge UK Limited and (2) Cleveland Bridge Dorman Long Engineering Limited
[2008] EWHC 2220 (TCC)
Lay Witness with expert knowledge
Vol 13
Iss 3
Alitalia-Linee Aeree Italiane SPA v Rotunno and Others
[2008] EWHC 185 (Ch)
Interpretation of documents is the judge’s job.
Vol 13
Iss 3
Kirkman v Euro Exide Corporation (CMP Batteries Ltd)
[2007] EWCA Civ 66
Relevance of Expert Evidence to Limitation
Vol 12
Iss 1
Aird and Aird v Prime Meridian Limited [2006]
EWHC 2338 (TCC)
The confused case of the meeting of experts and mediation
Vol 12
Iss 1
Andrew Carruthers v (1) Mp Fireworks Ltd (2) Balfour Convenience Stores Ltd (2007)
Bristol County Court (Recorder Moxon-Browne QC) 26th January 2007
Potential Conflicts of Interest
Vol 12
Iss 1
R (on the application of Singapore Medical Council) (Claimant) v General Medical Council (Defendant) & Simon Shorvon (Interested Party) (2006)
[2006] EWHC 3277 (Admin) QBD (Admin) (Davis J) 21/12/2006
Expert adviser investigation
Vol 12
Iss 1
Miah V Birmingham & The Black County Strategic Health Authority
[2007] EWCA Civ 290
Another case of misuse of statistics by an Expert
Vol 12
Iss 2
Oldham Metropolitan Borough Council (Applicant) v (1) GW (2) PW (3) KPW (A Child by his Guardian Jacqueline Coultridge) (Respondents) & W ST C Forbes
[2007]EWHC 136 (Fam) Fam Div (Ryder J) 20/3/2007
Guidance for Experts in Family (and possibly other) Matters
Vol 12
Iss 2
British Nuclear Group Sellafield Ltd v Gemeinschaftskernkraftwerk Grohnde GmbH & Anor
[2007] EWHC 2245 (Ch) (19 October 2007)
The Employed Expert and how to Overcome a Lack of Independence
Vol 12
Iss 3
Mid-Devon District Council v Stevenson
[2007] UKEAT 0196 07 1810 (18 October 2007)
The discretion to allow further Expert Evidence to be obtained
Vol 12
Iss 3
LP v Secretary of State for the Home Department
[2007] UKAIT 00076 (08 August 2007) (A decision of the United Kingdom Asylum and Immigration Tribunal)
The Weight to be given to Expert Evidence – are you only as good as your last report?
Vol 12
Iss 3
Re M (Children) (Expert Evidence)
[2004] EWCA Civ 1311
Practical approach for Experts’ access
Vol 11
Iss 1
GW & PW v Oldham Metropolitan Borough Council and another
[2005] EWCA Civ 1247
Medical experts reference and the consumer need for 2nd Expert
Vol 11
Iss 1
In the Matter of A Company
[2005] Reported in Lawtel (a decision of Lewison J in the High Court, Chancery Division)
The fascinating case of a without prejudice threat
Vol 11
Iss 1
Vasiliou v Hajigeorgiou
[2005] EWCA Civ 236
The effect of not stipulating the expert by name
Vol 11
Iss 1
Petursson and Another v Hutchinson 3G
[2005] EWHC 920 (TCC)
Crusading expert lacked evidence
Vol 11
Iss 1
The Owners and Bareboat Charterers of the vessel “Global Mariner” v the Owners and Bareboat Charterers of the vessel “Atlantic Crusader”
[2005] EWCH 380 (Admlty)
Guidelines for Assessors
Vol 11
Iss 1
Armstrong & O’Connor v First York
[2005] EWCA Civ 277
Court can prefer eye witness evidence to the expert’s opinion
Vol 11
Iss 1
Breeze v Ahmad
[2005] EWCA Civ 233Expert’s failure tp roduce backing literature causes re-trial
Vol 11
Iss 1
Great North Eastern Rlwy Ltd v JLT Corporate Risks Ltd
[2006] EWHC 1478Issue
Relevance of Expert Evidence to Limitation
Vol 11
Iss 2
Tufano v Vincenti
[2006] EWHC 1496 (QB)
Immunity from Suit applicable to Experts – Libel Proceedings
Vol 11
Iss 2
R v JH and TG (Deceased)
[2005] EWCA Crim 1828
Expert Evidence of Childhood Amnesia
Vol 11
Iss 2
R v Thomas Bowman
[2006] EWCA 417
Content of Experts’ Reports in Criminal Proceeding
Vol 11
Iss 2
Toth v Jarman 
[2006] EWCA Civ 1028 (CA)
Potential Conflicts of Interest
Vol 11
Iss 2
Smiths Group Plc and Anor v Weiss and Ors
(2002) (Unreported)The importance of the ‘without prejudice’ rule
Vol 9
Iss 1
Beck v Ministry of Defence
[2003] EWCA Civ 1043 (Court of Appeal)
Should an expert’s report be disclosed if he is replaced by another?
Vol 9
Iss 1
Royal Bank of Canada v Secretary of State for Defence
[2003] EWHC 1841 (Chancery Division)
Should a defendant be awarded all costs despite refusal to mediate?
Vol 9
Iss 1
Corenso (UK) Ltd v Burnden Group Plc
[2003] EWHC 1805 (Queen’s Bench Division)
Who should bear the costs?
Vol 9
Iss 1
Virani Ltd v Manuel Revert y CIA SA
[2003] EWCA Civ 1651 (Court of Appeal)
When the defendant refuses the offer of court mediation
Vol 9
Iss 1
P v P
[2003] EWHC 2260 (Family Division)
Divorce, financial impropriety and the NCIS
Vol 9
Iss 1
Marsh v WR Grace & Co.
2003 WL 22718177 (4th Cir. 11/19/03)
When an expert’s report cannot be relied upon
Vol 9
Iss 1
Cuffari v S-B Power Tool Co.
2003 WL 22520411 (3rd Cir. 11.7/03)
Failing the Daubert test
Vol 9
Iss 1
In re Rezulin
Decision of New York State District Court reported at 2004 WL 384897, decided 27 February 2004
Expert testimony based on subjective view rather than knowledge
Vol 9
Iss 1
Shirayama Shokusan v Danovo Ltd
[2003] EWHC 3006 (Chancery Division)
Does the court have jurisdiction to order mediation, even if one party is unwilling?
Vol 9
Iss 1
Parkinson v Guidant Corp
2004 WL 837858 (W.D. Pa. 3/22/2004)
An attempt to exclude expert testmonies
Vol 9
Iss 2
Stotts v Heckler & Koch
299 F. Supp. 2d. 814 (WD Tenn. 2004)
Unsupported statements of opinion by experts are simply not good enough
Vol 9
Iss 2
Deveron Joinery Company Ltd v Perkins
[2003] EWCA Civ 1241
Expert evidence dealt with unsatisfactorily
Vol 9
Iss 2
Smolen v Solon Co-operative Housing
[2003] EWCA Civ 1240
Expert witnesses should possess the three ‘I’s
Vol 9
Iss 2
Hesham Amin Hamza El Nasharty and others v J Sainsburys Plc
[2003] EWHC 2195
Parties who want breadth should be explicit
Vol 9
Iss 2
Secretary of State for the Home Department v AA
[2004] UKIAT
Expert evidence in the field of immigration
Vol 9
Iss 2
St Andrews Bay Development Ltd v HBG Management Ltd, Outer House, Court of Session, Scotland
Judgement 4 April 2003
Adjudication - when is a decision made - fees agreements need to be in advance of the event
Vol 8
Iss 2
Cour de Cassation, (Chambre Mixte), France.
Ruling No. 217, 14.02.2003
France recognises the validity of a contract clause to mediate
Vol 8
Iss 2
SPE International v (1) Professional Preparation Contractors (UK) Ltd and (2) John Glew
[2002] EWHC 881 (Ch)
The cost using a non-expert expert
Vol 8
Iss 2
Stephen Hill Partnership Ltd v Supaglazing and Anor
[2002] All ER D 229
A late change in experts upheld despite reason being inadequate. A lucky escape or a new judicial approach?
Vol 8
Iss 2
Leicester Circuits Ltd v Coates Brothers plc
[2003] EWCA Civ 333
Success in litigation does not stop ‘punishment’ of party withdrawing from mediation
Vol 8
Iss 2
Carpenter v Pembrokeshire County Council
[2002] EWHC 1968Expert, pressured by client, forgets duty as an expert witness in favour of advocacy
Vol 8
Iss 2
ES (by her mother and best friend DS) v Chesterfield and North Derbyshire Royal Hospital NHS Trust
[2003] EWCA Civ 1284 (C.A)
The views of one expert may not be seen as representative of the views of his profession as a whole
Vol 8
Iss 3
Alan Valentine v (1) Kevin Allen (2) Simon Nash (3) Alison Nash
[2003] EWCA Civ 1274
Respondents to the claim were awarded costs, despite declining mediation
Vol 8
Iss 3
Norfolk Southern Corp. v Chevron USA Inc
No 3:00-cv-366-J-32MMH (M>D> Fla. 7 August 7 August 2003)
Experts ‘forced to fill too many blanks with speculation and conjecture’
Vol 8
Iss 3
Clausen v M/V New Carissa,
No 01-35928 (9th Circuit, 12 August 2003)
Novel and unresearched expert evidence
Vol 8
Iss 3
Associated Electric & Gas Insurance Services Ltd v European Reinsurance Co of Zurich
[2003] UKPC 11
What happens and what is decided in arbitration is confidential
Vol 8
Iss 3
Coopers Payen Ltd and Sanwa Packing Industry Co. Ltd. v Southampton Container Terminal
[2003] EWCA Civ 1223 (CA)
Did the judge disregard the expert evidence in favour of an eye witness?
Vol 8
Iss 3
Lucas v Barking, Havering & Redbridge Hospitals NHS Trust
[2003] EWCA Civ 1102
The disclosure of documents under the CPR
Vol 8
Iss 3