Proof by Sampling after Amey LG v Cumbria County Council

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Frances Pigott

July 2017

A paper presented to the Society of Construction Law at a meeting in London on 4th July 2017

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 this 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.

Introduction – Probability and non-probability sampling – Background to the contract – The sampling process – Selecting the sample – (1) Probability sampling – (2) Non-probability sampling.

The author:  Frances Pigott is a barrister practising at Atkin Chambers in London.

Text: 12 pages

Paper number: 
D206
July 2017, online, 420k
£3.00

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