Sunley v Sunley

Sunley v Sunley

The RPS report was admissible as evidence of its existence and contents, relevant to how professional valuers would react and quantum, regardless of its objective truth. The Recorder erred in excluding the report; issues of reliability and weight are for the trial judge. The appeal is allowed and a new trial ordered.

Parties
Claimant/appellant: David Sunley; Claimant/appellant: Patricia Sunley; Defendant/respondent: Gowland White (Surveyors & Estate Agents) Limited
Jurisdiction
England and Wales
Judgment Date
10 February 2003
Procedural Posture
Civil Appeal / Appeal From First Instance Ruling on Admissibility of Evidence
Outcome
Appeal allowed; new trial directed.
Legal Topics
Admissibility of Evidence, Expert Evidence, Negligence, Damages, Civil Evidence Act 1995, CPR Practice Direction 32
Civil Procedure Professional Negligence Admissibility of Evidence Expert Evidence Negligence Damages Civil Evidence Act 1995 CPR Practice Direction 32

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Parties

David Sunley

Claimant/appellant

Patricia Sunley

Claimant/appellant

Gowland White (Surveyors & Estate Agents) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From First Instance Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether the RPS draft soil report was admissible in evidence
  2. 2 Whether the claimants could rely on the RPS report for quantum and causation
  3. 3 Whether the Recorder's ruling on admissibility was correct

Ratio Decidendi

The RPS report was admissible as evidence of its existence and contents, relevant to how professional valuers would react and quantum, regardless of its objective truth. The Recorder erred in excluding the report; issues of reliability and weight are for the trial judge. The appeal is allowed and a new trial ordered.

Court Disposition

Appeal allowed; new trial directed.

Orders

  • New trial before a circuit judge.
  • Claimants' costs in the case.