CELE SQE

CELE SQE1 模拟练习

Examination Timing: 00H00M31S

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?

A. The court will allow the instruction of two experts as they are needed to assist the trial judge in making a determination on the cause of action.

B. The court will allow the instruction of two experts, provided that they are instructed jointly between the claimant and defendant.

C. The court will not allow the instruction of two experts on a claim involving low value as it is incompatible with the overriding objective.

D. The court will not allow the instruction of any experts on a claim involving low value.

E. The court will allow the instruction of two experts, provided that the claimant pays for both of them.

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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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Dispute ResolutionUnit 5Chapter 12

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