Avantage (Cheshire) Limited & Ors v GB Building Solutions Limited & Ors

Avantage (Cheshire) Limited & Ors v GB Building Solutions Limited & Ors

Permission to replace Ms Hooton is granted due to her illness, with disclosure limited to her site inspection notes and interview records, not her reports or opinions. Permission to replace Mr Wise is granted despite concerns of expert shopping, as claimants are entitled to rely on an expert in whom they have confidence, subject to disclosure of all his reports and documents expressing his opinions, but not solicitors’ attendance notes.

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
Civil / Interlocutory Application (case Management Conference)
Outcome
application granted with conditions
Legal Topics
Expert Evidence, Replacement of Expert, Disclosure of Documents, Case Management
Civil Procedure Construction Law Expert Evidence Replacement of Expert Disclosure of Documents Case Management

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 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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

Civil / Interlocutory Application (case Management Conference)

Legal Issues

  1. 1 Whether the claimants should be permitted to replace their expert witnesses (Ms Sarah Hooton and Mr Peter Wise) with Dr Neil Ketchell
  2. 2 What conditions, if any, should be imposed regarding disclosure of documents produced by the outgoing experts

Ratio Decidendi

Permission to replace Ms Hooton is granted due to her illness, with disclosure limited to her site inspection notes and interview records, not her reports or opinions. Permission to replace Mr Wise is granted despite concerns of expert shopping, as claimants are entitled to rely on an expert in whom they have confidence, subject to disclosure of all his reports and documents expressing his opinions, but not solicitors’ attendance notes.

Court Disposition

application granted with conditions

Orders

  • Permission granted to call Dr Neil Ketchell in place of Ms Sarah Hooton, subject to disclosure of Ms Hooton's site inspection reports/notes and interview notes.
  • Permission granted to call Dr Neil Ketchell in place of Mr Peter Wise, subject to disclosure of Mr Wise's reports (including drafts) and any other documents expressing his opinions.