Judicial Recognition

Bateson v Savills Private Finance Limited [2013] EWHC 719 (QB) High Court, Queen's Bench Division — His Honour Judge Gosnell) : §17 & §18 : https://bit.ly/3UUaBh0

The Claimants alleged professional negligence against their mortgage broker in connection with the remortgage of a buy-to-let portfolio in 2005. Nick Baxter was instructed as expert witness for the Defendant. His Honour Judge Gosnell stated that, where the expert evidence differed, he preferred the evidence of Mr Baxter, describing him as "a more experienced expert witness" whose opinion was "more balanced and considered." The claim was dismissed.

Colborn v Albany Park Limited (Unreported, 12 May 2021) County Court at Sheffield — Mr Recorder Najib : §96: https://bit.ly/43P9oLX

The Claimants alleged that an interest-only mortgage recommended in 2006 was unsuitable, given the absence of a viable repayment strategy. Nick Baxter was instructed as expert witness for the Defendant. Mr Recorder Najib found the claim to be time-barred and stated that, had the matter proceeded, he would have preferred the evidence of Mr Baxter, describing it as "balanced, thoughtful, persuasive and helpful." In contrast, the Claimants' expert was found to have an insufficient grasp of the relevant documents and the correct legal test for professional negligence. The claim was dismissed.

Taylor v Legal and General Partnership Services Limited [2022] EWHC 2475 (Ch) High Court, Business and Property Courts in Manchester — HHJ Cawson KC) : §19 : https://bit.ly/43UQ4wK

The Claimants sought to recover losses arising from an interest-only mortgage taken out in 2008 to fund a deposit on an overseas investment property connected to the Harlequin resort development, which subsequently failed. Nick Baxter was instructed as expert witness for the Defendant. HHJ Cawson KC found Mr Baxter's evidence to be "more reliable and of more assistance" than that of the Claimants' expert, specifically identifying his wider range of financial services experience and his "more balanced and considered approach." The claim was dismissed.