Jones v Onyut [2012] EWCA Civ 1816 (06 December 2012)

Jones v Onyut [2012] EWCA Civ 1816 (06 December 2012)

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 effective challenge from the defendant, and there was no misdirection or procedural unfairness in refusing an adjournment for expert cross-examination given the defendant's failures to comply with court orders and make timely applications.

Citation
[2012] EWCA Civ 1816
Parties
Respondent/claimant: Jones; Applicant/defendant: Onyut
Jurisdiction
England and Wales
Judgment Date
06 December 2012
Procedural Posture
Civil Appeal / Appeal From Central London County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Quantum Meruit, Repudiatory Breach, Expert Evidence, Case Management, Building Disputes
Contract Law Civil Procedure Quantum Meruit Repudiatory Breach Expert Evidence Case Management Building Disputes

Case Brief

Summary, issues, holding and outcome

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Parties

Jones

Respondent/claimant

Onyut

Applicant/defendant

Procedural Posture

Civil Appeal / Appeal From Central London County Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in accepting the claimant's evidence and expert report 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 properly assessed the quantum of the claim in the absence of a counter-schedule from the defendant

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 effective challenge from the defendant, and there was no misdirection or procedural unfairness in refusing an adjournment for expert cross-examination given the defendant's failures to comply with court orders and make timely applications.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for claimant stands