Examination Timing: 00H00M51S
In the recent case of Hargreaves v. Brickley Construction Ltd., Timothy Hargreaves and his wife, Elaine, have instituted a claim against the contractor, Stephen Brickley, for alleged breach of contract. The Hargreaves argue that the remedial works necessary due to poor craftsmanship on their new conservatory at their residence in Surrey were not carried out to the standards agreed upon. During the proceedings, an expert witness, Edward Jennings, a retired chartered surveyor and long-standing friend of the defendant, provided a statement. Based on the details shared with him by Mr. Brickley, Mr. Jennings asserted that the construction quality was exceptional. The court must now decide on the admissibility of this evidence.
Which of the following best represents the advice you should provide to your client regarding the admissibility of Mr. Jennings's statement?
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Your selected option: D
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The correct answer is D. Under Section 3(1) of the Civil Evidence Act 1972, expert testimony is generally admissible if the expert has the necessary expertise to provide an opinion on matters that are relevant to the issues in dispute. In the scenario presented, Mr. Edward Jennings, although retired, is a chartered surveyor whose professional background provides him with the qualifications to assess and comment on construction quality, especially in relation to the alleged defects of the conservatory built by Mr. Brickley.
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