Jones v Onyut

Jones v Onyut

The appeal was dismissed because the trial judge was entitled to accept the claimant's evidence and expert report in the absence of a counter-schedule or timely application for expert cross-examination, and there was no misdirection or error in the exercise of his discretion.

Parties
Claimant/respondent: Jones; Defendant/appellant: Onyut
Jurisdiction
England and Wales
Judgment Date
06 December 2012
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Quantum Meruit, Building Contracts, Expert Evidence, Case Management, Relief From Sanctions
Contract Law Civil Procedure Quantum Meruit Building Contracts Expert Evidence Case Management Relief From Sanctions

Case Brief

Summary, issues, holding and outcome

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Parties

Jones

Claimant/respondent

Onyut

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred in accepting the claimant's evidence and expert report as to quantum without cross-examination of experts
  2. 2 Whether the trial judge erred in refusing an adjournment for expert cross-examination
  3. 3 Whether the trial judge failed to consider the defendant's criticisms of the claimant's evidence and expert report

Ratio Decidendi

The appeal was dismissed because the trial judge was entitled to accept the claimant's evidence and expert report in the absence of a counter-schedule or timely application for expert cross-examination, and there was no misdirection or error in the exercise of his discretion.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; trial court's judgment and orders stand.