Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited & Ors

Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited & Ors

Permission to replace the structural engineering expert is granted because engineering evidence is central, the claimants themselves were not at fault, the trial date can be preserved, and there has been a full and frank admission and apology by the solicitors. The extent of disclosure already given is sufficient; further disclosure of attendance notes and emails is not required. The trial timetable is maintained for both liability and quantum, and the claimants must pay costs thrown away and 30% of the sixth defendant’s costs of considering the new expert’s evidence.

Parties
Claimant: Jenni Glover; Claimant: Littleton Glover; Defendant: Fluid Structural Engineers & Technical Designers Limited; Defendant: Chase Construction (Contracts) Limited; Defendant: Starstone Insurance SE; Defendant: Chubb London Aviation Limited; Defendant: Chubb European Group; Defendant: AXA XL Insurance Company Limited (formerly known as XL Catlin Insurance Company UK Limited)
Jurisdiction
England and Wales
Judgment Date
22 November 2024
Procedural Posture
Civil (insurance/construction) / Interlocutory Application—permission to Change Expert, Directions, and Costs
Outcome
Permission to rely on Mr Hardy as expert revoked; permission granted to rely on Mr Tant as replacement expert; trial timetable maintained; further disclosure refused; costs orders made against claimants.
Legal Topics
Expert Evidence, Change of Expert, Disclosure, Costs, Case Management, Party Wall Disputes
Civil Procedure Insurance Law Construction Law Expert Evidence Change of Expert Disclosure Costs Case Management +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jenni Glover

Claimant

Littleton Glover

Claimant

Fluid Structural Engineers & Technical Designers Limited

Defendant

Chase Construction (Contracts) Limited

Defendant

Starstone Insurance SE

Defendant

Chubb London Aviation Limited

Defendant

Chubb European Group

Defendant

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

Defendant

Procedural Posture

Civil (insurance/construction) / Interlocutory Application—permission to Change Expert, Directions, and Costs

Legal Issues

  1. 1 Whether the claimants should be permitted to replace their structural engineering expert after improper solicitor interference in the joint statement process
  2. 2 What conditions, if any, should attach to permission to change expert
  3. 3 Whether further disclosure of privileged communications is required

Ratio Decidendi

Permission to replace the structural engineering expert is granted because engineering evidence is central, the claimants themselves were not at fault, the trial date can be preserved, and there has been a full and frank admission and apology by the solicitors. The extent of disclosure already given is sufficient; further disclosure of attendance notes and emails is not required. The trial timetable is maintained for both liability and quantum, and the claimants must pay costs thrown away and 30% of the sixth defendant’s costs of considering the new expert’s evidence.

Court Disposition

Permission to rely on Mr Hardy as expert revoked; permission granted to rely on Mr Tant as replacement expert; trial timetable maintained; further disclosure refused; costs orders made against claimants.

Orders

  • Permission to rely on Mr Hardy as expert revoked.
  • Permission granted to rely on Richard Tant as structural engineering expert.