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Permitting Proof by Representative Sample can Assist the Court and the Arbitrator

Journal article | Dev | Available for purchase & free for members

Abstract

An examination of the potential for claims for damages to be proven by representative sample. An approach that may well be essential to the ‘just, quick and cheap’ resolution of complex claims such as those often encountered on construction lists. The analysis of Victorian and English decisions in the Multiplex Constructions Pty Ltd v Epworth Hospital,
Amey LG v Cumbria County Council
and Standard Life Assurance Ltd v Gleeds (UK) cases provide invaluable insights on the practical importance of representative samples as a means of proof, while also usefully highlighting potential pitfalls in the sampling process.

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