Odedra v Ball [2012] EWHC 1790 (TCC) (4 July 2012)

Odedra v Ball [2012] EWHC 1790 (TCC) (4 July 2012)

Expert evidence is not required for claimants' primary claim as the agreed asking price is a matter of fact and law, not expertise; expert evidence is required for the alternative claim regarding diminution in value. Undisclosed expert report need not be disclosed due to confusion and potential injustice. Experts must meet as ordered by the court.

Citation
[2012] EWHC 1790 (TCC)
Parties
Claimant: Mayur Odedra; Claimant: Charlotte Odedra; Defendant: Richard Ball; Defendant: Anna Ball
Jurisdiction
England and Wales
Judgment Date
04 July 2012
Procedural Posture
Application for Directions and Cross Application Regarding Expert Evidence / Interlocutory Judgment on Expert Evidence and Procedural Directions
Outcome
Applications disposed with directions for further expert evidence and procedural steps.
Legal Topics
Nuisance, Negligence, Rylands V Fletcher, Expert Evidence, Disclosure, Diminution in Value, Loss of Sale, Privilege
Tort Civil Procedure Nuisance Negligence Rylands V Fletcher Expert Evidence Disclosure Diminution in Value +2 more

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Parties

Mayur Odedra

Claimant

Charlotte Odedra

Claimant

Richard Ball

Defendant

Anna Ball

Defendant

Procedural Posture

Application for Directions and Cross Application Regarding Expert Evidence / Interlocutory Judgment on Expert Evidence and Procedural Directions

Legal Issues

  1. 1 Whether expert evidence is required for claimants' primary and alternative claims
  2. 2 Whether undisclosed expert report should be disclosed
  3. 3 Whether experts should meet as ordered by court

Ratio Decidendi

Expert evidence is not required for claimants' primary claim as the agreed asking price is a matter of fact and law, not expertise; expert evidence is required for the alternative claim regarding diminution in value. Undisclosed expert report need not be disclosed due to confusion and potential injustice. Experts must meet as ordered by the court.

Court Disposition

Applications disposed with directions for further expert evidence and procedural steps.

Orders

  • Parties' agreement on £402,500 as starting point for loss assessment to be recorded in writing.
  • Claimants to serve expert report on alternative claim within 28 days.