Cases - Carmel Southend Ltd v Strachan and Henshaw Ltd

Record details

Name

Carmel Southend Ltd v Strachan and Henshaw Ltd

Date

[2007]; [2007]

Citation

3 EGLR 15; EWHC 1289

Legislation

Civil Procedure Rules and the Dilapidations Protocol

Keywords

Commercial property - property management - dilapidations

Summary

The judge considered an issue which he entitled ‘why did [the expert] change his position?’ It appeared that it was possible that the building surveyor giving evidence on behalf of the landlord might have changed his view about the nature of work that was required to the building concerned as a result of pressure he might have felt to align his views with the actions of his landlord client. In doing so he changed his position and that may have had an adverse impact in the judge’s thinking on the landlord’s case.