Avantage (Cheshire) Ltd & Ors v GB Building Solutions Ltd & Ors [2023] EWHC 802 (TCC) (05 April 2023)

Avantage (Cheshire) Ltd & Ors v GB Building Solutions Ltd & Ors [2023] EWHC 802 (TCC) (05 April 2023)

Permission to substitute Dr Neil Ketchell for Ms Hooton is granted due to illness, with disclosure limited to site inspection reports and interview notes. Permission to substitute Dr Ketchell for Mr Wise is granted due to claimants' lack of confidence, with disclosure of Mr Wise's reports and opinion documents but not solicitors' attendance notes. No impropriety or expert shopping found in Ms Hooton's replacement; claimants' dissatisfaction with Mr Wise justifies substitution given revised timetable and absence of prejudice.

Citation
[2023] EWHC 802 (TCC)
Parties
Claimant: AVANTAGE (CHESHIRE) LIMITED; Claimant: CHESHIRE EAST BOROUGH COUNCIL; Claimant: YOUR HOUSING LIMITED; Defendant: GB BUILDING SOLUTIONS LIMITED (in administration); Defendant: PRP ARCHITECTS HOLDINGS LIMITED; Defendant: PRESTOPLAN LIMITED; Defendant: WSP UK LIMITED; Defendant: MASCOT MANAGEMENT LIMITED
Jurisdiction
England and Wales
Judgment Date
05 April 2023
Procedural Posture
Application in Ongoing Civil Proceedings / Case Management Conference
Outcome
application granted with conditions
Legal Topics
Expert Evidence, Fire Safety, Case Management, Disclosure of Documents
Civil Procedure Construction Law Expert Evidence Fire Safety Case Management Disclosure of Documents

Case Brief

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Parties

AVANTAGE (CHESHIRE) LIMITED

Claimant

CHESHIRE EAST BOROUGH COUNCIL

Claimant

YOUR HOUSING LIMITED

Claimant

GB BUILDING SOLUTIONS LIMITED (in administration)

Defendant

PRP ARCHITECTS HOLDINGS LIMITED

Defendant

PRESTOPLAN LIMITED

Defendant

WSP UK LIMITED

Defendant

MASCOT MANAGEMENT LIMITED

Defendant

Procedural Posture

Application in Ongoing Civil Proceedings / Case Management Conference

Legal Issues

  1. 1 Whether claimants should be permitted to substitute their expert witnesses due to illness and dissatisfaction
  2. 2 Whether conditions should be imposed on disclosure of previous expert reports and notes

Ratio Decidendi

Permission to substitute Dr Neil Ketchell for Ms Hooton is granted due to illness, with disclosure limited to site inspection reports and interview notes. Permission to substitute Dr Ketchell for Mr Wise is granted due to claimants' lack of confidence, with disclosure of Mr Wise's reports and opinion documents but not solicitors' attendance notes. No impropriety or expert shopping found in Ms Hooton's replacement; claimants' dissatisfaction with Mr Wise justifies substitution given revised timetable and absence of prejudice.

Court Disposition

application granted with conditions

Orders

  • Permission granted to claimants to call Dr Neil Ketchell in place of Ms Sarah Hooton, subject to disclosure of Ms Hooton's site inspection reports and interview notes.
  • Permission granted to claimants to call Dr Neil Ketchell in place of Mr Wise, subject to disclosure of Mr Wise's reports and other opinion documents.