BMG (Mansfield) Ltd & Anor v Galliford Try Construction Ltd & Anor [2013] EWHC 3183 (TCC) (24 October 2013)

BMG (Mansfield) Ltd & Anor v Galliford Try Construction Ltd & Anor [2013] EWHC 3183 (TCC) (24 October 2013)

Permission to call a new expert (Mr. Edwards) is granted because the withdrawal of the original expert was for plausible personal reasons and not evidence of 'expert shopping.' Disclosure of previous expert's reports or documents expressing opinions is ordered, but not solicitors' attendance notes, as the circumstances do not justify such an invasion of privilege. Most proposed amendments are allowed as they arise from the same or substantially the same facts as the original claim, except those introducing new issues relating to insurance industry standards and inadequately particularised allegations, which are refused as disproportionate and unjust at this stage.

Citation
[2013] EWHC 3183 (TCC)
Parties
Claimant: BMG (Mansfield) Ltd; Claimant: The BMG (Mansfield) Ltd Partnership; Defendant: Galliford Try Construction Ltd; Defendant: Aedas Architects Ltd
Jurisdiction
England and Wales
Judgment Date
24 October 2013
Procedural Posture
Application in Ongoing Civil Proceedings / Pre Case Management Conference; Application for Permission to Call New Expert and Amend Particulars of Claim
Outcome
Application granted in part and refused in part
Legal Topics
Expert Evidence, Amendment of Pleadings, Limitation of Actions, Building Regulations Compliance, Expert Shopping
Civil Procedure Construction Law Professional Negligence Expert Evidence Amendment of Pleadings Limitation of Actions Building Regulations Compliance Expert Shopping

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Parties

BMG (Mansfield) Ltd

Claimant

The BMG (Mansfield) Ltd Partnership

Claimant

Galliford Try Construction Ltd

Defendant

Aedas Architects Ltd

Defendant

Procedural Posture

Application in Ongoing Civil Proceedings / Pre Case Management Conference; Application for Permission to Call New Expert and Amend Particulars of Claim

Legal Issues

  1. 1 Whether the Claimants should be permitted to call a new expert architect and amend the Particulars of Claim
  2. 2 Whether the circumstances amount to impermissible 'expert shopping'
  3. 3 Whether disclosure of previous expert's reports and related documents should be ordered as a condition of permission

Ratio Decidendi

Permission to call a new expert (Mr. Edwards) is granted because the withdrawal of the original expert was for plausible personal reasons and not evidence of 'expert shopping.' Disclosure of previous expert's reports or documents expressing opinions is ordered, but not solicitors' attendance notes, as the circumstances do not justify such an invasion of privilege. Most proposed amendments are allowed as they arise from the same or substantially the same facts as the original claim, except those introducing new issues relating to insurance industry standards and inadequately particularised allegations, which are refused as disproportionate and unjust at this stage.

Court Disposition

Application granted in part and refused in part

Orders

  • Permission granted to call Mr. Edwards as expert architect, except on matters not allowed in the amendments.
  • Claimants to disclose any other report or document from Mr. Streeter expressing opinions on matters in issue, but not solicitors' attendance notes.