COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE BRADFORD COUNTY COURT
(HIS HONOUR JUDGE CLIFFE)
The Strand London Thursday 24 October 2002 |
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B e f o r e :
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KAMAL BALAL | Applicant/Claimant | |
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R S WOOLHOUSE | Respondent/Defendant |
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Smith Bernal, 190 Fleet Street, London EC4A 2HD
Telephone 020 7421 4040
Official Shorthand Writers to the Court)
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Crown Copyright ©
Thursday 24 October 2002
LORD JUSTICE TUCKEY:
"1. At this stage there is no conclusive evidence to suggest that the repairs have been completed to a poor standard.
2. The supplied engine reportedly from the USA appears incompatible with the original unit."
He had noted in his report that the engine was not in fact new, but one which had been well reconditioned.
"3. The fuel injection system will require an independent test to confirm its condition, and possible causes of high CO and HC values. Should this indicate that the injection system is serviceable the engine will need to be dismantled for further investigation."
"There is no evidence at all to suggest that the defendant has behaved in a devious way to mislead the expert by switching engines, and the Court can only proceed on the basis that the different engines examined by the expert are what they purport to be."
Later in his judgment he said:
"The claimant was unhappy about the contents of Mr Helm's report and his evidence, and subsequently, at a later stage during the trial, he sought to query Mr Helm's qualifications and also raised the question of whether he knew the defendant -- that is, whether Mr Helm was truly independent. There were no grounds for the claimant's suspicions in this regard."
"In all the circumstances, given the difficulties with the repair and replacement of a foreign engine, the work was done within a reasonable time."