Cases - Stringfellow v Blyth

Record details

Name

Stringfellow v Blyth

Date

[2001]; [2001]

Citation

EWCA Civ 1006; 83 Con LR 124

Keywords

Expert witness

Summary

In a dispute in the Technology and Construction Court about building work at a house, the 2 experts instructed respectively by the claimant and the defendant reported on the dimensions of the walls. The claimant's expert maintained that they had agreed about this, although the defendant's expert denied it. In an interlocutory application, another judge found that there was agreement, but the trial judge disregarded the agreed experts' report and allowed the defendant to give oral evidence about the walls. The Court of Appeal held that the trial judge ought not to have gone behind what had been held to be an agreed experts' report and the appeal was therefore allowed.