BRIEF RÉSUMÉ OF CPR CASES

Easton Bevins has a proven track record for providing expert evidence. Below are examples of cases involving Chris Easton, our Principal Expert Witness:

2009

1. In May I produced a CPR Part 35 Single Joint Expert Witness Report in connection with rain water leakage into office buildings in Circencester, and its rectification.

2. In April I provided a client with advice in connection with negligent scaffolding to a listed gable wall of a barn that was collapsing.

3. In March I produced a Single Joint Expert CPR Part 35 Expert Witness Report in respect of defects surrounding a music broadcasting studio

4. In March I produced a Single Joint Expert Report on instructions of the Court in connection with a dispute surrounding a three bedroom extension to a residential property to include statutory and contractual duties and list of remedial works.

5. In March I advised a client in connection with the flooding of a house in Wooten Bassett where in my opinion insurers had failed to adequately act.

6. In March 2009 I advised a client in connection with a boundary dispute Access to Neighbouring Land Act, breach of planning permissions etc. on the adjacent property.

7. In March I produced a CPR Part 35 Expert Witness Report in respect of a defective timber framed house.

8. In March I advised a client in connection with Landlord and Tenants dispute surrounding repairs to floor joists and ceilings in Weston Super Mare.

9. In March I produced a Single Joint Expert Report on instructions of the Court dealing with an allegation of pathogens and sewage pollution from foul drainage.

10. In April I produced a CPR part 35 Expert Witness Report in connection with defective construction of 66 flats in the centre of Bristol.

11. In March I advised a contractor in connection with claims against him and non-payment of a Valuation Certificate whilst he was constructing a substantial 5 bedroom modern house in Surrey.

12. In March I prepared and agreed an Agreed Statement of Experts in connection with the defective house for which I prepared a CPR in June 2008.

13. In March I was appointed as a Single Joint Expert in connection with a dispute in East Bristol surrounding refurbishment of the first floor of a property following substantial roof leak.

14. In January/February 2009 I advised four clients in connection with a boundary dispute all required CAD drawings, reviewing of Land Registry and conveyances.

15. In January 2009 I advised the clients insurers in connection with a negligence claim against a neighbour for undermining their clients property and breaching their right of light.

16. In January 2009 I was appointed as a single Joint Expert in connection with a dispute surrounding the refurbishment of a shop in south Wales. I produced a CPR Part 35 Report dealing with contractual and statutory duties and list of remedial works.

2008

17. In December 2008, I advised a client in connection with a breach of Right of Light to his house from the adjacent semi detached property.

18. In December 2008, I produced a CPR Report for insurers through instructing solicitors in connection with a potential negligence claim against a Chartered Building Surveyor in respect of a building survey.

19. In December 2008, I advised insurers in connection with a claim against the NHBC for defective construction of a modern detached house.

20. In December 2008, I advised insurers through solicitors, in connection with a claim by a house owner for collapse of their building due to adjacent works, lack of Party Wall Notice, undermining and subsidence.

21. In December 2008, I advised a client in connection with a right of light dispute in Wiltshire.

22. In November 2008, I advised a subcontractor in connection with day work sheets and a claim against his main contractor.

23. In November 2008, I advised a client in connection with the plastering to 21 luxury flats in the centre of Bristol. Investigations had been ongoing since July in connection with the quality and extent of plastering and drying out problems.

24. In August 2008, I advised a client in connection with a claim for loss and expense and extension of time in connection with a contract in South Wales.

25. In November 2008, I prepared and submitted an Adjudication on behalf of a main contractor in respect of refurbishment of offices in central Bristol and was successful.

26. In November 2008, I received instructions to inspect 177 flats in London and advise in connection with plumbing problems, flooding and breach of fire integrity and subsequently produced a CPR report.

27. In October 2008, I advised a client in connection with a Right of Light claim against a neighbouring construction.

28. In October 2008, I produced a CPR Report for solicitors in connection with a claim against a building surveyor for alleged negligence for inadequate advice in connection with a timber framed building in Gloucestershire.

29. In September 2008, I prepared and submitted an adjudication on behalf of a main contractor in respect of refurbishment of offices in central Bristol and was successful.

30. In September & October 2008, I advised a client in connection with a claim against his architect and developer for the construction of 5 houses in Devon.

31. In September, I attended two office buildings in Gloucestershire, opened up the external main walls to ascertain the reasons for damp penetration and produced a CPR Report.

32. In September 2008, I attended at a substantial country house to advise a main contractor in connection with a damages claim for alleged breach of works under JCT design and build.

33. In August 2008, I advised a client in connection with a claim for loss and expense and extension of time in connection with a contract in South Wales.

34. In June 2008, I produced a CPR Report for a homeowner in connection with defects to a new house, including defective lintels, walls out of alignment, pointing, defective cavity insulation and radon problems.

35. In May 2008, I provided pre-litigation advice to a client of a listed building in connection with damage to a boundary hedge and wall.

36. In May 2008, I attended a 5 day hearing in the Bristol High Court in connection with a dispute between a Builder and a homeowner for refurbishment of a shop and maisonette based on an oral contract following a Court of Appeal decision.

37. In May 2008, l advised an NHBC contractor in connection with a claim against him for movement in a retaining wall.

38. In May 2008 I advised a homeowner in connection with a boundary dispute surrounding the disposal of land by his predecessors.

39. In June 2008 I was instructed as a Single Joint Expert in connection with the flooding of a factory in Bristol and the possible causes and damage.

40. In May 2008 I was instructed as a Single Joint Expert in connection with a dispute surrounding external works including car parking, driveway, retaining walls, entrances, between a homeowner and contractor.

41. In April 2008 I advised a client in connection with damp problems relating to the flank wall of their property following works by the neighbour.

42. In March 2008 I advised developer clients in respect of a dispute surrounding possession proceedings for some shops in Somerset, under the Landlord and Tenant Act 1954. I produced critical path analysis, and CPR Part 35 Report on the works and disruption caused thereto.

43. In March 2008 I advised a client to adjudicate a sub-contractors claim for £150,000, prepared the Adjudications and submitted same.

44. In March 2008 I produced a CPR Part 35 Expert Witness Report in connection with damage sustained by neighbour’s drainage to the Claimants property.

45. In February 2008, I assisted a client in connection with a dispute with HM Customs and Revenue as to the construction costs of a £1m detached farmhouse.

46. In February 2008 I advised a client who had recently purchased a refurbished flat in the centre of Bristol which did not comply with the NHBC Technical Requirements and Building Regulations and produced CPR Expert Witness Report.

14. In February 2008, I attended a 3-day trial in Bristol High Court acting for a builder in a dispute surrounding a retaining wall and a car park.

15. In February 2008 I acted as a Single Joint Expert in connection with a farmhouse in South Wales and a dispute surrounding drainage.

16. In February 2008 I advised a new house owner in connection with 6 different types of damp penetration to her new property and produced advise, report and negotiated appropriate remedial works.

17. In January 2008, I advised a local authority in connection with a dispute at the Leasehold Valuation Tribunal in connection with external repairs/improvements to 3 multi storey blocks of flats.

18. In January 2008, I produced a report in connection with the costings for a cost of the construction of a substantial detached property and improvements thereto.

19. In January 2008, I produced a Single Joint Expert Report in connection with a dispute between a local authority and adjacent neighbour in connection with damp penetration from party wall and guttering.

20. I advised a client in connection with a Prescriptive Title and Right of Light dispute, relating to a new development of flats.

2007

1. In December 2007, I attended a mediation in connection with a dispute surrounding a two-storey extension to a property in Somerset.

2. In December 2007 I advised 3 clients in respect of boundary disputes and produced CPR Reports in contemplation of proceedings.

47. In December 2007 I attended Bristol High Court as an Expert Witness in connection with a dispute surrounding driveways, main road and retaining walls.

48. In November 2007 I attended a mediation in connection with resolving a dispute for a block of 140 flats and was successful in obtaining a payment towards their remedial costs and fees.

49. In November 2007 I produced a CPR Report in respect of defective retaining wall, patio and small conversion works to garden.

50. In September 2007, I advised clients to defend proceedings issued by a local authority alleging lack of maintenance and trespass in respect of parapet walls, and negotiated a satisfactory solution.

51. In August 2007, I advised instructing solicitors on behalf of insurers in connection with a possible claim against a Chartered Building Surveyor under a building survey report.

52. In August 2007, I advised a client/owner in connection with construction of a new nursing home in breach of Building Regulations and contractual duties.

53. In August 2007, I concluded negotiations over a party wall and boundary dispute alleging negligence and damage to a Listed Building.

54. In August 2007 I provided a Part 35 Expert Witness Report on behalf of a builder in respect of an extension he built on a farm in Gloucestershire with advice in connection with any remedial works and remedial costs, particularly in respect of drainage and bathrooms.

55. In August 2007 I continued to provide advice to a set of 20 residents in respect of a modern block of flats that had been built incorrectly in respect of sound insulation and fire protection and monitored the reparatory works.

56. In August 2007 I produced a CPR Part 35 Expert Witness Report on behalf of a house owner in respect of a defective extension incorporating double garage, kitchen, bedroom, bathroom, etc.

57. In the summer of 2007, I advised a block of 100 flat owners in a newly constructed block of flats in connection with gas boilers, roofs, balcony soffits and concrete decking to car park. During the remainder of the summer, we undertook reparatory works and at the end of 2007 I produced a CPR report in contemplation of proceedings against the developer.

58. In July I had advised a tiling subcontractor in connection with a dispute with the main contractor and I attended an Adjudication.

59. In July 2007 I attended a modern conversion and advised a flat owner in connection with defective construction, damp penetration and damage and produced a CPR Part 35 Report.

60. In July 2007 I resolved a boundary dispute in connection with a vehicular Right of Way.

61. In July 2007 I produced a CPR Expert Witness Report for a house owner in contemplation of proceedings against a negligent architect for the conversion of the property and the installation of inadequate beams.

62. In May 2007 I was a Single Joint Expert and I produced a CPR Part 35 Report in respect of construction of boundary wall, driveway, etc.

63. In May 2007 I produced a CPR Report and then negotiated on behalf of a developer a drainage agreement through an adjacent property and a Severn Trent Water Agreement and prevented an Injunction and encroachment.

64. In May 2007 I produced a CPR Part 35 Expert Witness Report for a builder in connection with his alleged negligence.

65. In April 2007 I produced a Single Joint Expert Report for instructing solicitors in connection with an allegedly defective two-storey domestic extension.

66. In April 2007 I advised a client and produced a CPR Part 35 Expert Witness Report in connection with defective foul drainage and Easement in Wiltshire, and alleged negligence of his surveyor.

67. In April I was appointed as a Single Joint Expert in connection with an extension which was constructed in breach of Building Regulations.

68. In March 2007 I advised in connection with lack of Asbestos Register to a client.

69. In March 2007 I produced a Part 35 Expert Witness Report for a developer/builder in connection with defective brickwork and cavities built by his subcontractor.

70. In March 2007 I inspected 20 new flats and found breaches of Planning Permission, Building Regulations and British Standards and produced a CPR Part 35 Expert Witness Report.

71. In March and April 2007 I advised 135 new flats in connection with defective boilers, roof and damp penetration.

72. In March 2007 I produced a CPR Part 35 Expert Witness Report in respect of defective walls and roof and negligence of an architect.

73. In March 2007 I produced a Part 35 Expert Witness Report in connection with defective patio and retaining wall construction in Bath.

74. In February 2007 I advised as a Single Joint Expert and advised the Court in connection with the Access to Neighbouring Land Act.

75. In February 2007 I inspected a block of 148 flats and produced a CPR Part 35 Expert Witness Report confirming breaches of NHBC, Planning Permission, Building Regulation and remedial works.

76. In February 2007 I produced a Part 35 Expert Witness Report in connection with the construction of a new NHBC house.

77. In January 2007 I advised a client in connection with incorrect service charge apportionment on a Listed Building in respect of repairs.

2006

78. In December 2006 I produced a Part 35 Expert Witness Report in connection with extension constructed comprising bedroom, lounge, kitchen and garage, which was non compliant with Building Regulations and contractual requirements. I subsequently attended Court as an Expert for the builder.

79. In December 2006 I was instructed to produce an Expert Determination in connection with a dispute between two parties in the extension of substantial shop premises, breaches of Building Regulations and contractual breaches.

80. In December 2006 I advised a client in connection with a boundary dispute and the incorrect location of boundary walls etc.

81. In November 2006 I advised a client in connection with a flood damage claim and the inadequacy of the insurance company’s proposals.

82. In November 2006 I advised a client in connection with a dispute with the Inland Revenue as to the value of improvements to his property.

83. In October 2006 I advised on a criminal matter in connection with visibility splays and light in connection with a grievous bodily harm attack, and produced a CPR Report.

84. In October 2006 I advised a client in connection with a boundary dispute prior to a public auction. The matter was researched, agreed between the parties and staked out ready for the auction in 48 hours.

85. In October 2006 and November I advised a property owner in connection with a 1984 Building Act Notice served by the local authority for breach of Building Regulation works.

86. In October 2006 I advised instructing solicitors on a client’s behalf in connection with major conversion works to a detached cottage in connection with breach of Building Regulations, breach of Environmental Protection Act and breach of British Standards.

87. In October 2006, I produced a Part 35 Expert Witness Report in connection with a potential negligence claim in respect of surveyor’s advice regarding purchase and roof repairs.

88. In September 2006 I advised a developer client in connection with a boundary dispute and a Right of Way that the neighbour had sought to impose. The issues covered were Prescriptive Title, Access to the Neighbouring Land Act and Encroachment.

89. In September 2006 I advised I connection with a damages claim against a restaurant owner for alleged Statutory Nuisance and Trespass in connection with allowing damp penetration into an ecclesiastical building with consequent dry rot and damaged to a Listed Structure.

90. In September 2006 I advised a client in respect of a new dwelling that was being constructed in the wrong location, in breach of the Planning Permission and reducing her light.

91. In September 2006 I attended a pair of semi detached houses which were involved in a boundary dispute. I produced a Single Joint Expert Report for two sets of instructing solicitors, which resolved the dispute.

92. In September 2006 I attended a terraced property in Bristol and produced CPR Part 35 Expert Witness Report for Bristol Court in connection with refurbishment works and alterations undertaken. I then supervised the reparatory works on behalf of the client and Bristol City Council.

93. In September 2006 I advised instructing solicitors in connection with an encroachment of a new development, issues of Rights of Light and defective works to a boundary wall and negotiated to a satisfactory conclusion.

94. In July 2006 I attended at a property in South Bristol and provided a Single Joint Expert’s Report to the Court in respect of a building dispute regarding extension and bathroom.

95. In July 2006 I advised as to defective drainage on a new warehouse unit in Wiltshire.

96. Under a Single Joint Expert instruction from the Court I advised parties in litigation surrounding the conversion of a Devon farmhouse. I advised as to quality, extent and value of contract works and defective works.

97. In July I advised insurers in connection with the alleged architect’s negligence of conversion of a cottage in Devon.

98. In June I provided advice in connection with a contractual dispute of a conversion of a substantial public house and leisure complex in the North of England. I advised as to defective works and cost to repair.

99. In June I attended a Right of Light dispute and provided an Expert’s Report on the encroachment and breach of Right of Light.

100. In June following a Court Order as a Single Joint Expert I attended in Wales the construction of an extension to a 2-storey domestic house to advise as to the quality of the work, the value attributable to the contract, the defects and value of reparatory works.

101. In June I attended under a Single Joint Expert instruction from the court to advise as, quality and extent on improvements carried out to a marital home.

102. In June I provided advice in connection with repair works, modernisation and refurbishment to a substantial House in Multiple Occupation, advising breaches of Housing Act 1985 and Building Regulations.

103. In May I attended a terraced house to provide an Expert’s report again in respect of an extension and repair works.

104. In May I attended at a dwelling house and produced a Single Joint Expert Report following a Court Order in connection with refurbishment repair works.

105. In May I produced an Expert Witness report in respect of the construction of a new bungalow and whether the adjacent tree roots had caused movement in the new building.

106. In April I advised produced a Single Joint Expert Report regarding allegedly defective conversion of an attic roof to form residential accommodation in a block of flats in Bristol.

107. In March 2006 I advised in connection with a CPR report in connection with a defective timber framed building in South Wales.

108. In March 2006 I produced a CPR Report in respect of defective incomplete cavity wall insulation.

109. I have advised insurers in the CPR format in connection with a negligence claim for additional costs between the construction of a domestic house in 2005, as compared to 2002 due to a Restricted Right of Way.

110. In April 2006, I inspected a Listed barn and produced a CPR Part 35 report in respect of defective concrete and timber floors, defective installation of windows and render.

111. In early 2006 I prepared 3 Single Joint Expert’s reports as instructed by the court in connection with defective construction in domestic dwellings.

112. In January 2006 I advised clients in connection with a negligently constructed retaining wall built on their property by the vendor developer, who was constructing the adjacent site. I attended Mediation in November and obtained adequate damages for the Claimant.

2005

113. In 2005 I produced a Single Joint Expert report in respect of a £10,000.00 dispute in connection with the re-roofing of a terraced property; I have provided a Single Joint Expert’s report.

114. In 2005 I prepared a CPR Part 35 Report in respect of a 7-bedroom Listed farmhouse that was converted and then sold for nearly £2,000,000.00. The conversion was undertaken badly, was in breach of Building Regulations and British Standards and I have nearly completed my CPR Part 35 report.

115. In September 2005 I advised a terraced shop property owner in connection with a boundary dispute, damages claim, and trespass of airspace in connection with adjacent construction and produced a CPR report.

116. In April 2005, I advised a client in connection with negligently constructed foundations and floor slab for an office building in Swindon.

117. In April I produced a Single Joint Expert’s report in respect of a conservatory and extension negligently constructed in Newport, Gwent.

118. In June 2005, I produced a CPR Expert’s report in respect of a 2-storey defective construction in breach of British Standard and Building Regulations.

119. In May 2005, I produced a CPR Expert’s report in respect of a 2-storey domestic extension in Somerset, defectively constructed in breach of contract and Building Regulations.

120. In May 2005 I advised a disabled client in connection with a dispute against the local authority for negligently constructing a timber gate which blew open, knocked him over, he broke an arm and a leg and he remained in hospital for 12 weeks. I produced a CPR Report for his solicitors.

121. In July 2005, I produced a CPR Part 35 Expert’s report in respect of alleged negligence against an architect who designed and supervised a patio, a rear retaining wall, underground lighting, small water feature all of which was negligently designed and overcharged.

122. In November 2005 I advised a Nursing Home owner in connection with an Adjudication on Extension of Time under a JCT Contract.

123. In October 2005, I produced a CPR report for a main contractor in dispute with a subcontractor in respect of double glazed windows in a large office building in Cirencester.

124. In November 2005, I prepared a Single Joint Expert’s report of defective rendering and plastering at a nursing home in Bristol, which was ultimately settled on the basis of my report.

125. In February 2005 I advised a client and produced a CPR Part 35 report in connection with a negligently constructed 2-storey domestic extension to their foundations in Cardiff.

126. In August 2005, I was asked to advise an owner in connection with a contractual dispute he had with his builder over the conversion of offices into a maisonette. The estimate had been £40,000.00, the final account £120,000.00. I provided a CPR Part 35 Report, I then attended conference and advised continuously until trial. Unfortunately I was Malaysia when the trial took place (I work there for 3 weeks a year), but attended by video conference between Johor Bahru and Bristol High Court as an Expert Witness for the Defendant. The Judge found essentially for the Claimant based upon witness evidence not Expert evidence, the matter is now the subject of Appeal and I have been asked to attend the Appeal hearing in the High Courts in London in May.

127. In January 2006 I advised a tiling subcontractor in connection with the construction of a substantial swimming pool within a leisure complex. I advised a 7 day suspension letter, we then spent 9 months negotiating the final account and I am just preparing Notice of Adjudication in respect of that dispute.

128. I was instructed by a developer in respect of the construction of 27 flats and houses in Bristol where the main contractor is claiming and extra £300,000.00 on a JCT IFC Design & Build, I negotiated a Final Account settlement.

129. In 2005 I produced a CPR Part 35 Expert Witness report in respect of architect’s negligence on a conversion of 15 flats and houses in Bristol, the insurers are about to accept liability and we will specify the remedial works and supervise.

130. I advised a Management Company of a block of 12 flats constructed 2 years ago, which are negligently constructed insofar as fire protection of the ceiling, sound insulation, fire protection to the communal parts. Each and every occupier is being re-housed and the floors and ceilings reconstructed in each and every flat. The Defendant National House Builder has just on a Without Prejudice basis, accepted liability and we have agreed remedial works and programme, and are supervising.

131. The above case followed an instruction on a substantial case BWFL –v- Galliards, where I attended in the Technology & Construction Court in front of Judge Dyson, which is now a landmark case in Discovery. I was able to persuade His Hon. Judge Dyson that I needed copies of all the drawings and Building Regulation plans to enable me to determine the major defects that existed in the buildings, and the appropriate specification for remedial works and was successful. We then supervised all of the remedial works on 200 flats, amounting to over £2,000,000.00. That instruction took over a period of 5 years.

132. I prepared a CPR Part 35 Report in respect of a block of 168 flats in London, which have been negligently constructed. Breaches include fire, sound, drainage and structure.

133. I rarely appear as an Advocate, but in 2005 I attended a County Court hearing where a client contractor was being sued by a house owner for an allegedly negligent extension. I attended before Judge Stewart-Brown in Bristol County Court and managed to persuade her that the works undertaken by my client were not defective, they complied with British Standard, and the cause related to works undertaken by others. This is my only attendance as an Advocate.

134. In 2005 I produced a Single Joint Expert report in respect of a negligence claim against a solicitor in the purchase of a maisonette that did not comply with Building Regulations or the Housing Act 1985. I prepared a full report identifying each and every failure to satisfy the Building Regulations and the cost of remedial works. I attended a 3-day trial and the trial ultimately settled on the basis of my report.

135. I completed a CPR Part 35 report in respect of negligent construction of a £250,000.00 extension to a nursing home. I provided a CPR Part 35 report in respect of the alleged negligence of the Contract Administrator and of the builder under an IFC98.

136. I advised a subcontractor, in connection with a contractual dispute surrounding a leisure centre in the North of England. The subcontractor was claiming £780,000.00, the main contractor only wished to pay him £600,000.00. I took away the client’s files and prepared an advice in respect of an Adjudication. I prepared a Notice of Adjudication, which was submitted to the RICS, and the Respondent, and then the Referral Document. I responded to the Respondent’s response and attended two full 1-day meetings in front of the Adjudicator. We were successful.