The complexities of this case required both parties to engage expert quantity surveyors.  Both sides approached their instructions to their expert from different angles which caused difficulties at trial.  This explained why the valuations were worlds apart (or as the judge commented they had a “manifestly excessive difference”) and needed some careful scrutiny and assessment by the judge. Whilst the approach of examining both valuations is very case specific, there are some fundamental tests which can be taken away.  An objective test was used several times as a benchmark looking at the scope of works that a ‘reasonable owner’ or ‘purchaser’ would require.  The key legal issue of “proportionality” was also visited frequently throughout the assessment of valuations. 

Iya Patarkatsishvili & Anor v William Woodward-Fisher [2025] EWHC 265 (Ch)

The parties sought permission to rely on expert evidence from three experts in respect of the claimant’s tazkira, an official identity document issued by the former Islamic Republic of Afghanistan. The judge found the first proposed expert’s evidence to be hearsay, and (if the proceeding continued) directed the parties to re-serve the second expert’s report with evidence for which permission had not been given excised, and to re-serve the third expert’s report with a compliant declaration.  

MS, R (on the application of) v Kent County Council [2024] EWHC 2661 (Admin)