Cases - Richards & Wallington (Plant Hire) Ltd v A Monk & Co Ltd

Record details

Name

Richards & Wallington (Plant Hire) Ltd v A Monk & Co Ltd

Date

(1984)

Citation

Costs LR (Core) 79

Keywords

Construction claim - loss and expense claim - costs - experts - non-experts - not independent experts - Re Nossen's Letter Patent exception - ordinary costs

Summary

The claimant contractor's claim was formulated by a non-executive director and by a claims consultant. Bingham J rejected the claim to have the cost of their work included, pointing out that the work was non-expert in nature, being a simple factual exercise. Accordingly 'they were certainly not independent experts' and did not fall within the Re Nossen's Letter Patent exception. Costs of this nature (i.e. linked to non-expert fact-gathering) fell 'within the ordinary costs that a litigant must bear of digging out his own factual material, through his own employees, to prove his own case.'