Devoured by their house
Bingham, Tony
Devoured by their house - 2005 - Building 270(8380) 6 May 2005, 64-65(2) .
Discusses the events of "Burchell v Bullard and others", ([2005] EWCA Civ, 358, Independent 21 April 2005). The Bullards (R) were in dispute with their builder (A) over an extension to their house. The original trial judge decided that R's approach to their potential damages was exaggerated and as a result they only got 13% of what they claimed. The CA disagreed with the allocation of the costs order and made R pay their costs and 60% of A's costs. Argues that the litigation was very wasteful for a minor complaint worth £3 500 and recommends that courts could order an expert determination, the appointment of an arbitrator with the powers to conduct an enquiry. The arbitrator could use specialist knowledge to investigate a particular area as he would as an expert.
BURCHELL V BULLARD AND OTHERS
Devoured by their house - 2005 - Building 270(8380) 6 May 2005, 64-65(2) .
Discusses the events of "Burchell v Bullard and others", ([2005] EWCA Civ, 358, Independent 21 April 2005). The Bullards (R) were in dispute with their builder (A) over an extension to their house. The original trial judge decided that R's approach to their potential damages was exaggerated and as a result they only got 13% of what they claimed. The CA disagreed with the allocation of the costs order and made R pay their costs and 60% of A's costs. Argues that the litigation was very wasteful for a minor complaint worth £3 500 and recommends that courts could order an expert determination, the appointment of an arbitrator with the powers to conduct an enquiry. The arbitrator could use specialist knowledge to investigate a particular area as he would as an expert.
BURCHELL V BULLARD AND OTHERS