Cases - James Longley v South West Regional Health Authority

Record details

Name

James Longley v South West Regional Health Authority

Date

[1983]

Citation

25 BLR 56

Keywords

Construction - litigation - loss and expenses - costs - costs of evidence - outside expert - costs of claims consultant - expert evidence

Summary

This case is often cited as authority for the entitlement of the claimant to recover the costs he or she has incurred in presenting a claim. This case concerned the costs of a claims consultant who could have been, but was not, called as an expert witness. The arbitrator allowed his costs to be recovered and the matter was referred to the courts. Lloyd J upheld the arbitrator's award. The BLR commentators on this case stated:

' ... the cost of employing an outside expert such as a claims consultant, might be recovered in an appropriate case as part of the damages suffered by a breach of contract ... The respondent's appeal was concerned with costs allowed for the preparation of some schedules which were annexed to the pleadings and which had apparently been prepared by the expert. Presumably the schedules contained matters of expert opinion (although this is not clear from the judgment) and were not simply a useful presentation of the facts upon which the claimants' claim was based. Many schedules will fall into the latter category and in such circumstances the cost of preparing them even if delegated to an outside expert will not normally be regarded as calling for the expression of an expert opinion ... There would be difficulties in adducing evidence from a claims consultant who had been called in after the event to testify as to the truth of the matters set out in the schedules of which he had no direct knowledge.'

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