Frances Pigott will be speaking to the SCL in Cambridge on Monday 9 October on proof by sampling following the issues that arose in Amey LG Ltd v Cumbria County Council  EWHC 2946 (TCC).
Does a claimant have to prove liability and quantum on every variation or defect claimed, or will proof of a sample suffice? Defendants face similar questions when defending claims, particularly where costs in the action are budget limited. In her paper, Frances Pigott reviews the TCC decision in Amey LG v Cumbria County Council and considers whether the judge’s finding on the use of sampling in that case might be applied more widely in construction cases, its effectiveness as a means of proving claims, whether sampling is cost efficient and the importance of pre-trial case management in the sampling process.
Frances’ paper on the subject has been published by the SCL and is available on the SCL website.