Cases - Cheal v Hale Allen

Record details

Name

Cheal v Hale Allen

Date

[1997]

Citation

59 Con LR 106, CA

Keywords

Expert witness

Summary

In making a finding of professional negligence against a defendant, a court would have to give explicit reasons for not accepting evidence of an expert witness in the defendant's favour. The Court of Appeal allowed an appeal from a finding of negligence against a defendant chartered structural engineer who had advised the claimant on the purchase of a house. The judge had preferred the evidence of the claimant's expert.

'When a man's professional reputation is at stake the court will normally find it necessary to explain with some care precisely why he was at fault especially if, as here, the defendant is supported by an independent expert, with appropriate experience and standing who says in effect that even with the benefit of hindsight he would have reported just as the defendant did.

In this case the judge simply summarised the evidence of [the defendant's expert, the defendant and the claimant's expert] ... he said: "I prefer the evidence of [the claimant's expert] to that of [the defendant and his expert]." ... That I find to be contrary to a formidable body of evidence which I have attempted to summarise and which the judgment of the judge simply does not address.'

Further:

'The judge did not explain why he found the evidence of the defendant and in particular the evidence of his expert witness ... to be unacceptable. As I have already indicated, it is my view that if their evidence was to be rejected such an explanation was required.'