The right of recovery is a lottery if you have no contract

Article Abstract:

Before the 1930s suppliers owed no duty to those with whom they had no contract. The courts wanted to prevent a single incident leading to an indefinite number of claimants with multiple claims. The amount of tort has increased however, mainly with decisions involving defective buildings. In tort a plaintiff can generally recover for actual physical injury to person or property, although not for financial or economic loss. The one exception is in cases involving a special relationship, and recent developments in the law have involved allegations of special relationships.

Safety and security measures, Buildings

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The case for and against a court-appointed expert

Article Abstract:

Part 35 of the UK's new Civil Procedure Rules gives courts the authority to order that expert evidence should be given by only one expert. This legislation is designed to reduce costs arising from large payments to expert witnesses. Prospective litigants should now not plan to instruct their own expert without first considering the possibility of instructing an expert jointly with the other side. It seems very unlikely that parties will be able to agree on a single expert or upon terms of reference.

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Do away with joint experts - who needs them anyway?

Article Abstract:

Issues are presented concerning the cost savings which can be gained from the use of a single expert's testimony in court cases. The importance of allowing a dissatisfied party to challenge an expert's findings is discussed.

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