(Re)Insurance Weekly Update 35 - 2015

Author:Mr Nigel Brook
Profession:Clyde & Co

This week's caselaw:

Canada Square v Kinleigh Folkard & Hayward

Arguing that an expert's evidence should be inadmissible on the basis that he lacks expertise in the relevant field


A valuer admitted that it had negligently overvalued a property. On the facts, the judge concluded that the claim was time-barred. Two further issues considered in the case were:

Should the costs of repossession and sale be taken into account when assessing damages? The judge held that that they could be. Of more general interest, it was argued that the evidence of an expert in the case was inadmissible, on the basis that he was a chartered accountant, with no expertise in mortgage lending. The judge rejected that argument. He noted that no evidence was called to show that there is a recognised method for valuing the personal covenant of a mortgagor. Evans-Lombe J held in Barings v Coopers & Lybrand [2001] that expert evidence is admissible "in any case where the court accepts that there exists a recognised expertise governed by recognised standards and rules of conduct...and the witness to be called satisfies the court that he has a sufficient familiarity with ...the expertise in question". The chartered...

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