EWJ Dec 2023 - Journal - Page 80
This case demonstrates the importance of extensively
scrutinising expert evidence prior to pleading a case
and prior to the formulation of witness evidence. The
Claimant’s case was pleaded, in reliance on its expert,
on a mistaken view as to the true boundary line and
that meant that the Claimant lost sight of and did not
plead the case that would subsequently become
pivotal at trial i.e. whether there was a trespass by
overspill.
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Notwithstanding the pleading point, Mr Justice
Murray found that the judge at first instance was not
wrong to conclude, on the evidence as a whole, including Mr French’s evidence, that the possible overspill was not a trespass in any event. It was held to be
a reasonable/compelling inference from the evidence
that GAL’s contractors adopted the concrete ‘overspill’
on GAL’s behalf to form the base for the fence. The
extent to which that inference rested on Mr French’s
evidence again indicates the importance of extensively
scrutinising expert evidence before pleading a case.
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continue to respond to clients around the world. We
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Article by Kort Egan
Kort specialises in domestic and
international commercial disputes
with particular expertise in
construction, energy and related
insurance matters. Kort also has
experience in general commercial
disputes, aviation and shipbuilding.
kort.egan@gatehouselaw.co.uk
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DECEMBER 2023