Case Study: Expert Witness Under Part 35 of the Civil Procedure Rules Over the Disposal of a Multi-let Residential Building
Simon Cook of Roger Hannah & Co was appointed to act as an Expert Witness under Part 35 of the Civil Procedure Rules over the disposal of a multi-let residential building in South Manchester in 2007.
The appointing solicitors were acting for the defendant in the proceedings. The defendants were the previous owners of the residential building who sold the property to the claimant in 2007. The claimant, Property Company, claimed that the defendant had failed to disclose the accurate tenancy position at the time of acquisition. One of the tenants held an assured tenancy of one of the apartments and not an assured shorthold tenancy. The existence of the assured tenancy had (according to the claimant) resulted in them suffering loss and prevented the redevelopment of the residential building.
Simon’s expert opinion was that full disclosure had been provided and in any event no financial loss had been suffered by the claimant. His report also questioned whether there was an intention to redevelop.
Following the submission of the expert advice the claimant decided to withdraw