Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd & Ors [2024] EWHC 1257 (TCC) (23 May 2024)

Glover & Anor v Fluid Structural Engineers & Technical Designers Ltd & Ors [2024] EWHC 1257 (TCC) (23 May 2024)

Permission is granted for the claimants to appoint a replacement structural engineering expert (Mr Tant) because structural engineering evidence is central, the trial date can be preserved, and the conduct complained of was that of the solicitors, not the claimants. Full and frank admission and apology by the solicitors mitigates the breach. Sufficient disclosure has been provided to protect AXA XL's interests. The overriding objective favours allowing the claimants to present their case with expert evidence, subject to costs and directions.

Citation
[2024] EWHC 1257 (TCC)
Parties
First Claimant: Jenni Glover; Second Claimant: Littleton Glover; First Defendant: Fluid Structural Engineers & Technical Designers Limited; Second Defendant: Chase Construction (Contracts) Limited; Third Defendant: Starstone Insurance SE; Fourth Defendant: Chubb London Aviation Limited; Fifth Defendant: Chubb European Group; Sixth Defendant: AXA XL Insurance Company Limited (formerly known as XL Catlin Insurance Company UK Limited)
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Civil Claim / Interlocutory Application Ruling
Outcome
Permission granted for claimants to appoint a replacement structural engineering expert; permission to rely on Mr Hardy's evidence revoked.
Legal Topics
Expert Evidence, Change of Expert, Disclosure, Professional Conduct, Case Management, Policy Exclusions
Civil Procedure Insurance Law Construction Law Expert Evidence Change of Expert Disclosure Professional Conduct Case Management +1 more

Case Brief

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Parties

Jenni Glover

First Claimant

Littleton Glover

Second Claimant

Fluid Structural Engineers & Technical Designers Limited

First Defendant

Chase Construction (Contracts) Limited

Second Defendant

Starstone Insurance SE

Third Defendant

Chubb London Aviation Limited

Fourth Defendant

Chubb European Group

Fifth Defendant

AXA XL Insurance Company Limited (formerly known as XL Catlin Insurance Company UK Limited)

Sixth Defendant

Procedural Posture

Civil Claim / Interlocutory Application Ruling

Legal Issues

  1. 1 Whether permission should be granted for claimants to appoint a replacement structural engineering expert
  2. 2 Whether permission to rely on Mr Hardy's evidence should be revoked
  3. 3 What conditions should attach to permission for a replacement expert

Ratio Decidendi

Permission is granted for the claimants to appoint a replacement structural engineering expert (Mr Tant) because structural engineering evidence is central, the trial date can be preserved, and the conduct complained of was that of the solicitors, not the claimants. Full and frank admission and apology by the solicitors mitigates the breach. Sufficient disclosure has been provided to protect AXA XL's interests. The overriding objective favours allowing the claimants to present their case with expert evidence, subject to costs and directions.

Court Disposition

Permission granted for claimants to appoint a replacement structural engineering expert; permission to rely on Mr Hardy's evidence revoked.

Orders

  • Claimants' permission to rely on Mr Hardy's evidence is revoked.
  • Claimants granted permission to rely on structural engineering evidence from Mr Tant.