Description
Failure of the court to deal adequately with expert evidence when an expert comments on areas outside of his appointment.
The Court held there would need to remit a claim for maintenance and repairs for a re-trial after a judge had failed to adequately deal with an expert report which professed to deal with maintenance and repair costs which were outside the scope of his appointment. A claim for just over £55,000 for maintenance and repair costs had been made as part of an claim for personal injury. At trial the judge had made no ruling on the admissibility or relevance of his report and did not refer to it in her judgment. She had therefore failed to deal with it adequately, either by excluding it as irrelevant or by admitting it, considering it and giving her reasons for not awarding the amount claimed.
