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Romascan v Gurney, Mayor's and City of London Court, 10 January 2000

16 June 2000
The issues

Where The Cost Of Vehicle Inspection Report Is Recoverable Under Civil Procedure Rules Part 27 (Small Claims).

The facts

The Claimant brought an action for damages for the cost of repairs to her car. The case was allocated to the Small Claims Track. The claim settled eventually and the Claimant claimed the cost of the report (£42.50) as an item of special damage.

At the hearing she conceded that it was a cost and not an item of special damage and sought payment of the report fee as a recoverable cost under the rules.

The decision

The cost of the report was not recoverable. It was an inspection report for the Claimant’s insurer’s purposes and not for the purposes of litigation. It was not an expert’s report. No application for permission for expert evidence had been made and it would be unusual in these types of cases to have expert evidence allowed.

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