August EWJ 24 - Flipbook - Page 27
Navigating Expert Evidence
in Built Environment Cases
In the intricate landscape of dilapidations claims, the High Court decision in Coldunell Ltd v
Hotel Management International Ltd [2022] EWHC 1290 (TCC) has cast a spotlight on the
vital role of expert evidence within the built environment. Highlighting both good and poor performance, the case stands as a poignant reminder of the conduct and duties placed on experts.
The case centred around The Mitre Hotel in Surrey,
with the landlord seeking compensation for the tenant’s failure to return the property in good and substantial repair, as mandated by a 20-year lease. The
claim, totaling nearly £1.1 million, brought into focus
the principles that guide assessments of repair standards in such disputes. Over the course of the case,
the court considered whether the Defendant was in
breach of his obligations under the lease, and what
works could be considered appropriate to remedy any
outstanding obligations.
insights to make informed decisions. Their testimony
aids in establishing the extent of disrepair, the scope of
required repairs, and the valuation of any financial
compensation.
Expert evidence serves as a cornerstone for both
parties involved, guiding the court in rendering a fair
and equitable judgement. However, the quality of expert evidence in dilapidations claims can raise several
challenges. Experts may face allegations of bias, especially when they have previous dealings with one of
the involved parties. The credibility of an expert’s
findings may be undermined if they make inconsistent or unsupported claims, or fail to conduct thorough inspections, make unsupported claims. Differing
interpretations of repair standards can also lead to disputes between experts, impacting the court’s ability to
reach a clear decision.
The ensuing debate served as a courtroom arena
where the credibility and independence of experts
were rigorously examined, raising some interesting
questions about best practices for the industry. Dissecting court’s findings, it becomes evident that the
quality of expert evidence played a decisive role in
shaping the outcome.
Coldunell v Hotel Management: A Critical Analysis
This brings us back to Coldunell Ltd v Hotel Management International Ltd. The case involved a claim for
dilapidations brought forward by the former freeholder of The Mitre Hotel. The case considered
whether the Defendant, a well-known hotel operator,
was in breach of obligations under the Lease, taking
into consideration the hotel’s condition at the end of
the Lease.
The contrasting approaches of the landlord’s and
tenant’s experts in terms of credibility, independence,
and manner of presenting evidence provide valuable
insights for legal professionals, experts, and practitioners in the built environment. Read on to learn
more about the case, and how it is helping to shape
new standards for expert evidence.
Understanding Expert Evidence in Dilapidations
Claims
Dilapidations claims are legal actions around property
leases, addressing the obligations of tenants to maintain and return the property in a specified condition
at the end of their lease term. The term “dilapidations” refers to any disrepair or deterioration of a
property, including physical, structural, and decorative aspects. Typically, a landlord initiates a dilapidations claim to seek compensation for the cost of
necessary repairs required if the tenant fails to meet
their contractual obligations.
After a thorough examination of expert evidence
from both sides the court favoured the landlord,
awarding £597,117 including future costs. With
around £465,000 had already been incurred by the
landlord, the terminal schedule of dilapidations
claimed almost £1.1m in total. The court’s scrutiny of
respective experts, their evidence and their manner
of presenting it played a pivotal role in shaping this
outcome.
The Experts and Their Evidence
The landlord’s expert knew the property well, having
previously undertaken inspections there and dealt
with an insurance claim. He had also acted as the contract administrator for external works and boiler repairs carried out after the lease. The court
commended the expert’s detailed knowledge of the
property, measured manner, and independence in
delivering evidence.
In this context, the importance of reliable expert
evidence cannot be overstated. Either side can call on
professional opinions by qualified individuals such as
surveyors, engineers or architects. These professionals may assess the condition of the property, determine
the necessary repairs, and provide valuations. These
experts play a crucial role in assisting the court by offering informed opinions on technical matters that
may be beyond the comprehension of the average
person, providing the court with the necessary
EXPERT WITNESS JOURNAL
The tenant’s expert was comparatively inexperienced
with the property, which decreased the credibility of
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