Cases - Richard Roberts Holdings Ltd v Douglas Smith Stimson Partnership [1989]

Record details

Name
Richard Roberts Holdings Ltd v Douglas Smith Stimson Partnership
Date
[1989]; [1989]; [1989]
Citation
22 Con. 60; 46 BLR 50; 47 BLR 113 OR
Legislation
Keywords
Expert witness
Summary

A document produced by the parties' respective expert witnesses recording the substance of their agreement could constitute an agreement binding on both parties, although it would not automatically do so. Although the discussions between the experts were themselves 'without prejudice', where the parties held out their experts as having authority to reach agreement within the scope of those discussions, they could do so. The court observed that, in any event, once the experts had agreed, neither could give evidence contrary to the agreement and the court would be unlikely to allow new experts to be called so late in proceedings.

(Note: such authority would not be automatic; see Carnell Computer Technology v Unipart Group Ltd.)