An architect was accused of deliberate copying of another’s plans in building the Kunsthal in Rotterdam. The case concerned Dutch copyright, and the experts could not agree on the degree of copying required to found a claim.
Held: The expert evidence fell well short of establishing any copying, and the court rejected the allegation entirely. Jacob J: ‘I see no reason why a judge who has formed an opinion that an expert had seriously broken his Part 35 duty should not, in an appropriate case, refer the matter to the expert’s professional body if he or she has one. Whether there is a breach of the expert’s professional rules and if so what sanction is appropriate would be a matter for the body concerned.’ A witness should be given an opportunity to make representations before any referral took place.
Jacob J
[2001] EWHC Ch 455, [2001] EWHC Ch 481
Bailii, Bailii
England and Wales
Citing:
Cited – Routestone Ltd v Minories Finance ChD 1996
A receiver’s management duties will ordinarily impose on him no general duty to exercise the power of sale, or to ‘work’ an estate by refurbishing it before sale. Speaking of the role of an expert witness ‘What really matters in most cases are the . .
Lists of cited by and citing cases may be incomplete.
Intellectual Property, Torts – Other
Updated: 23 December 2021; Ref: scu.263743