Expert Witness - Kiani Case Study

Project Overview

In a dispute about the split of costs and spoils in eight housing development agreements costing circa £2.2m and in the one of the largest cases in the High Court (TCC) in 2013, Jonathan Nugent was appointed as a Quantity Surveyor Expert Witness for Kiani. Kiani v Cooper and others - [2010] All ER (D) 97 (Jul) is famous for setting a precendent for derivative claims in Company law, the follow on from this case between the parties was issued in the High Court (TCC), lasted for some two years and was set for a 20 day hearing. Eight reports were required for each development, which analysed the costs incurred for each site. The process involved interim report preparation, meetings, final reports and joint statements submitted including numerous management hearings in Court with the Kiani team, cumulating in a 20 day trial.

Solution

A long winded and difficult case where each development had to be analysed against vast numbers of alleged invoices and charges in an attempt to verify or dismiss costs as being relevant to each development and then in the correct proportion. The analysis was then compiled into eight expert reports, which then had to be discussed with the other party's Expert, narrowed down, revised and ending in a Final Statement. The process suffered with a lack of co-operation and obstacles against progress and every aspect of acting as an Expert was experienced. The vast detail in the expert reports submitted led to the case being settled mid-trial.