Examination Timing: 00H01M07S
GreenTech Ltd commences proceedings against a local council for breach of contract. The claim relates to the council's refusal to pay for an order of 100 headphones as the goods developed two faults—one with the earpieces and the other with the microphones. The damages claimed are around £500. GreenTech Ltd wants to instruct two experts: one to assess the earpieces and the other to assess the microphones. Which of the following best represents the likely position of the court?
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Your selected option: C
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The overriding objective of the Civil Procedure Rules is to deal with cases justly and at proportionate cost. Given the low value of the claim (£500), appointing two experts would not be proportionate to the value of the claim. Therefore, Option C is correct. Option A is incorrect because the cost of two experts is not justified by the low value of the claim. Option B is incorrect as joint instruction still does not address the issue of proportionality. Option D is incorrect because the court may still require some expert evidence, just not two separate experts. Option E is incorrect because even if the claimant pays, it still may not meet the requirement of proportionality.
Key Point: The court considers the proportionality of costs, including expert witnesses, in relation to the value of the claim when applying the overriding objective.
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