BMG (Mansfield) Ltd & Anor v Galliford Try Construction Ltd & Anor

BMG (Mansfield) Ltd & Anor v Galliford Try Construction Ltd & Anor

Permission to call a new expert (Mr. Edwards) is granted as there is no strong evidence of 'expert shopping' and the withdrawal of the previous expert was reasonable. Disclosure of any further reports or documents from the previous expert is ordered, but not solicitors' attendance notes. Amendments to the Particulars of Claim are allowed in part: references to best up-to-date practice and certain industry events are permitted, but amendments relying on insurance industry publications and inadequately particularised events are refused as disproportionate and unjust at this stage.

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
Civil (construction/negligence) / Interlocutory Application for Permission to Call a New Expert and Amend Particulars of Claim
Outcome
Application allowed in part, refused in part
Legal Topics
Expert Evidence, Amendment of Pleadings, Limitation of Actions, Professional Duties of Architects and Contractors
Civil Procedure Construction Law Professional Negligence Expert Evidence Amendment of Pleadings Limitation of Actions Professional Duties of Architects and Contractors

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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

Civil (construction/negligence) / Interlocutory Application for Permission to Call a New Expert and Amend Particulars of Claim

Legal Issues

  1. 1 Whether the claimants should be permitted to call a new expert architect after the withdrawal of their previous expert
  2. 2 Whether the claimants should be permitted to amend the Particulars of Claim to include new allegations and references to best practice and industry publications
  3. 3 Whether the amendments constitute a new claim outside the limitation period

Ratio Decidendi

Permission to call a new expert (Mr. Edwards) is granted as there is no strong evidence of 'expert shopping' and the withdrawal of the previous expert was reasonable. Disclosure of any further reports or documents from the previous expert is ordered, but not solicitors' attendance notes. Amendments to the Particulars of Claim are allowed in part: references to best up-to-date practice and certain industry events are permitted, but amendments relying on insurance industry publications and inadequately particularised events are refused as disproportionate and unjust at this stage.

Court Disposition

Application allowed in part, refused in part

Orders

  • Permission granted to call Mr. Edwards as expert architect (subject to limitations)
  • Claimants to disclose any further reports or documents from Mr. Streeter expressing opinions on matters in issue