In
Beattie Passive Norse Ltd & Anor v Canham Consulting LtdMr Justice Fraser made the costs order following a wide-ranging judgment discussing Part 36, refusal to mediate and potential expert witness bias.
The claimant, Beattie, had sought damages for alleged professional negligence against structural engineers Canham Consulting for design failings in respect of foundations for two blocks of housing in Sussex development. The judge said the £2,000 award was not intended to represent nominal damages, but represented the costs of very limited remedial works required by a negligent omission from design drawings.
Mr Justice Fraser s judgment dealt with issues of honesty during pleadings, expert witnesses and refusal to mediate