000 01503cab a2200205 4500
001 L129974
008 050610n2005 000 0 eng u
035 _a(Sirsi) u129974
041 _aeng
100 _aBingham, Tony
245 _aDevoured by their house
260 _c2005
490 _aBuilding
_v270(8380) 6 May 2005, 64-65(2)
520 _aDiscusses 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.
590 _aIKA210605
650 _aBURCHELL V BULLARD AND OTHERS
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-INDEPENDENT EXPERT DETERMINATION
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/358.html
_zView the case free of charge at www.bailii.org...
942 _n0
999 _c75375
_d75375