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Procedure: a reminder of the need for expert evidence

In the case of Pantelli Associates Ltd v Corporate City Developments Number Two Ltd [2010] EWHC 3189 (TCC, Coulson J issued a reminder to all legal representatives

... to all legal representatives of the need for expert evidence before pleading allegations of professional negligence: “Not only is it simply not good enough to turn a positive contractual obligation into an allegation of professional negligence by adding the words “failing to” to the obligation, but it is also wholly inappropriate to do so in circumstances where there is no expert input... Save in cases of solicitors' negligence where the Court of Appeal has said that it is unnecessary (...) and the sort of exceptional case summarised at paragraph 6-009 – 6-011 of Jackson & Powell, Sixth Edition ... it is standard practice that, where an allegation of professional negligence is to be pleaded, that allegation must be supported (in writing) by a relevant professional with the necessary expertise.” 


/ 1st Jan 2011


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