Cases - Routestone Ltd v Minories Finance Ltd

Record details

Name
Routestone Ltd v Minories Finance Ltd
Date
[1996]; [1997]
Citation
EWCA Civ 964; BCC 180
Legislation
Keywords
Expert witness
Summary

In this case of alleged negligence in marketing a commercial property, the judge had to consider whether to accept the opinion of valuation experts on the 'ultimate question' of whether the defendants' estate agents had used reasonable care and skill (the agents were also sued).

Although the court paid careful regard to Midland Bank v Hett Stubbs & Kemp, it was held that the opinion of the valuer experts on negligence was admissible.

'What really matters in most cases is the reasons given for the opinion. As a practical matter a well-constructed expert's report containing opinion evidence sets out the opinion and the reasons for it. If the reasons stand up, the opinion does, if not, not. A rule of evidence which excludes this opinion evidence serves no practical purpose. What happens if the evidence is regarded as inadmissible is that the expert's reports simply try to creep up to the opinion without openly giving it. They insinuate rather than explicate.'

The distinction the judge drew was that, in Midland Bank v Hett Stubbs & Kemp, the court had objected to experts giving evidence as to the legal test, whereas here the expert's opinion was as to whether the defendants' conduct satisfied the legal test.