Expert witness
Expert witness
- 1998
- Estates Gazette Case Summaries [1998] EGCS 115 (18/7/98) .
"Stanton and another v Callaghan and others" CA 8 July 1998. A house owned by the plaintiffs suffered from subsidence damage. Partial underpinning was carried out but failed to stabilise the property. The defendant was engaged to make a report , which advised that partial underpinning had been inappropriate and now total underpinning was required. Based on the report the plaintiffs made a claim on their home insurance policy which was rejected. The plaintiffs brought proceedings against the insurers and the defendant was instructed as expert witness. The defendant departed from advice previously given in a meeting with the insurance company. The plaintiffs brought proceedings against the defendant claiming he was negligent. He claimed immunity from suit in respect of report prepared for purposes of the proceedings. Appeal allowed.
EXPERT WITNESS
IMMUNITY
INSURANCE CLAIM
NEGLIGENCE
STANTON AND ANOTHER V CALLAGHAN AND OTHERS
SUBSIDENCE
"Stanton and another v Callaghan and others" CA 8 July 1998. A house owned by the plaintiffs suffered from subsidence damage. Partial underpinning was carried out but failed to stabilise the property. The defendant was engaged to make a report , which advised that partial underpinning had been inappropriate and now total underpinning was required. Based on the report the plaintiffs made a claim on their home insurance policy which was rejected. The plaintiffs brought proceedings against the insurers and the defendant was instructed as expert witness. The defendant departed from advice previously given in a meeting with the insurance company. The plaintiffs brought proceedings against the defendant claiming he was negligent. He claimed immunity from suit in respect of report prepared for purposes of the proceedings. Appeal allowed.
EXPERT WITNESS
IMMUNITY
INSURANCE CLAIM
NEGLIGENCE
STANTON AND ANOTHER V CALLAGHAN AND OTHERS
SUBSIDENCE