Odedra v Ball

Odedra v Ball

Expert evidence is not required for the claimants' primary claim now that the asking price is agreed; the issue is one of law and fact. However, expert evidence is required for the alternative claim on diminution in value. The undisclosed expert report need not be disclosed in this instance, but the experts should have met as ordered.

Parties
Claimant: Mayur Odedra; Claimant: Charlotte Odedra; Defendant: Richard Ball; Defendant: Anna Ball
Jurisdiction
England and Wales
Judgment Date
04 July 2012
Procedural Posture
Civil / Interlocutory Application Ruling on Expert Evidence and Directions
Outcome
Directions given; applications otherwise dismissed or adjourned for compliance
Legal Topics
Nuisance, Negligence, Rylands V Fletcher, Expert Evidence, Disclosure, Damages, Valuation of Property
Tort Civil Procedure Nuisance Negligence Rylands V Fletcher Expert Evidence Disclosure Damages +1 more

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Parties

Mayur Odedra

Claimant

Charlotte Odedra

Claimant

Richard Ball

Defendant

Anna Ball

Defendant

Procedural Posture

Civil / Interlocutory Application Ruling on Expert Evidence and Directions

Legal Issues

  1. 1 Whether expert evidence is required for the primary and alternative claims for damages
  2. 2 Whether the claimants must disclose an additional expert report
  3. 3 Whether the experts should have met as ordered by the court

Ratio Decidendi

Expert evidence is not required for the claimants' primary claim now that the asking price is agreed; the issue is one of law and fact. However, expert evidence is required for the alternative claim on diminution in value. The undisclosed expert report need not be disclosed in this instance, but the experts should have met as ordered.

Court Disposition

Directions given; applications otherwise dismissed or adjourned for compliance

Orders

  • Parties to record agreement on £402,500 as starting point for loss assessment in writing
  • Claimants to serve an expert report on the alternative claim within 28 days if they wish to pursue it