Jeyakanthan Rengasamy v Homebase Ltd (Lawtel, 23 January 2015, Knowles J) - Michele De Gregorio, Crown Office Chambers
14/02/15. Appeal against case management decision refusing permission for parties' engineering experts to give oral evidence at trial. Michele De Gregorio appeared for the successful appellant, instructed by BLM.
The claimant fell from a ladder purchased from one of the defendant's stores. He sought damages for personal injuries for breach of the implied term under s.14(2) of the Sale of Goods Act 1979. The front legs of the ladder had buckled and the question arose whether the ladder collapsed due to a defect or whether the claimant simply fell and landed on the ladder causing the observed damage.
The parties had permission to rely upon written reports from their own engineering experts as to the likely cause of the damage to the ladder. The experts prepared a joint statement in which they...
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