You are a trainee solicitor with the firm of ULaw LLP of 36 Avenue Way, Weyford, Guildshire GU18 9ZX.

Your firm is instructed by Mr Reece Kemeny in connection with a dispute that has arisen with Negotium Cover Limited ("NCL"), the insurers of his world food theme pub.

Your supervising solicitor, Elisa Corvalan, hands to you Mr Kemeny's proof of evidence (Document Abelow) and the documents referred to in it (Documents B, C and Dbelow).

Pre-action negotiations and mediation of the claim failed. A pre-action Part 36 offer was made by your client in the sum of 300,000. This has not been accepted by NCL and NCL has not made its own Part 36 or any other type of settlement offer.

We issued High Court proceedings last year for breach of contract requiring NCL to meet the client's claim under the insurance policy.

The claim is disputed on the same basis as NCL's letter to Mr Kemeny dated 14 June 2022(Document Cbelow).

The case has been allocated to the multi-track.

Case management directions have been given, including for standard disclosure and that each party has permission to rely on one expert in the field of fire investigation and one expert on quantifying fire damage claims.

The parties have just exchanged their expert's reports on the issue of liability in accordance with the case management direction given by the court.

The client's expert's report on liability is consistent with the Chief Fire Officer's report that the fire most likely started from a firework lodged in the thatched roof of the client's theme pub.

The Defendant's expert's report is Document E below.

Assume that you are completing this Task on the date that you submit your answer.

Your supervising solicitor, Elisa Corvalantells you that from a quick read of the Defendant's expert's reportits form and content are potentially very unsatisfactory and give her cause for concern as to whether the expert understands and has fulfilled her duties.

Your supervising solicitor asks you to analyse the form and content of the Defendant's expert's report.

By reference to CPR Part 35, Practice Direction 35, the Guidance for the Instruction of Experts in Civil Claims 2014, practitioner texts and case law you are required to identify and explain:

1. all the errors of form and content in the Defendant's expert's report; and

1. all issues concerning whether the expert understands and has fulfilled her duties and responsibilities as an expert.

You are required to present your answers to Elisa Corvalan in a grid chart. This must be structured as set out below.

The first item (an error) has been completed in the grid chart below by way of example.

Like the example, use italics and underlining to emphasise the key parts of your answer.

Grid Chart

Error in Defendant's expert's report or issue of concern.	Explanation by reference toCPR Part 35 ("CPR 35"), Practice Direction 35 ("PD 35")the Guidance for the Instruction of Experts in Civil Claims 2014("Guidance"), practitioner texts and case law.
In error it is addressed to the Defendant and the Defendant's solicitors, TR Band LLP.	It should be addressed to the court. PD 35 para.3.1: An expert's report should be addressed to the court and not to the party from whom the expert has received instructions.

NOTE TO CANDIDATES ON THE WORD COUNT FOR THIS TASK

Donot include in your word count the following:

1. any of the material that you copy directly from Documents A to E inclusive; and
2. any material that you copy directly fromCPR Part 35, Practice Direction 35, the Guidance for the Instruction of Experts in Civil Claims 2014, practitioner texts or case law.

Document A

Reece Kemeny of 36 Beech Street, Weyford, Guildshire GU8 9MM will say:

1. I manage a world food theme pub known as "Spirit of the World". I own the premises which are located at 18 Shepherd Lane, Weyford, Guildshire GU8 6YY. I insured it with Negotium Cover Limited("NCL") for 12 months from 1 December 2021. The cover included material damage and business interruption caused by fire. An extract from the policy is Document B.

1. In the early hours of the morning of Sunday, 2 January 2022 the pub was severely damaged by a fire which started after it had closed. As a consequence of extensive building works, I was not able to re-open for business until the end of May 2022. I wish to claim 147,163 under the material damage section of the policy and 197,820 under the business interruption section.

1. NCL does not accept that I am covered by the policy. A copy of NCL's letter rejecting my claim is Document C. NCL suggest that the fire started in the stainless steel waste bin in the kitchen ("the Waste Bin"). However, I emptied the Waste Bin myself about half an hour before the pub closed to the public at 00.30 on 2 January 2022 and there would have been no need for any of my staff to put anything else in it. I have asked the staff on duty that night and all of them confirm that they put nothing in it after I had emptied it. My staff sweep up as and when that is needed and always at the end of each working day. They put all waste like napkins etc in a bag in the Waste Bin and then put full bags outside in a storage area. All bags were put outon the street each night for collection by the local council.

1. I was in the pub on the evening of Saturday, 1 January 2022 until closing early Sunday morning. The chef on duty was Roberto Caldera. The waiting staff were Ben Carlucciand Wendy Rivera. All the staff smoke but they have to do it outside. We also have an outside patio seating area where customers can smoke. They are provided with ashtrays. By midnight there were only 6 customers, all of whom were sitting inside and they had finished eating. Bills were delivered to their tables between around 00.10 and 00.20. The empty tables were cleared and wiped as they were vacated, but the final clearing process, including sweeping of the floor, was not begun until after the last customer had left. I was the last to leave the pub at 00.55.

1. The Waste Bin was located in the kitchen. Waste was put into the Waste Bin. As a matter of routine, during opening hours, left-over food, used napkins etc would be placed into the Waste Bin. So too would some of the sweepings from the floor. The waiting staff would remove each Waste Bin bag when it was full and put it in the outside storage area.

1. Ashtrays from outside tables were emptied during the day into the Waste Bin. At the end of the working day the ashtrays were collected and emptied into the Waste Bin. I ensured that this practice was followed because the kitchen waste was predominantly wet and so non-combustible.

1. As I have already said, I am confident that the Waste Bin was empty that night because I took the bag out myself. When removing a full or partially full bag you have to pull up another bin liner from the bottom of the Waste Bin where 1 or 2 are usually kept for that purpose. At most that night there would have been 3 bin liners in the Waste Bin i.e. the one I opened up and 2 in the bottom.

1. According to the Chief Fire Officer whom I spoke to after the fire was put out, the fire was noticed and the alarm given by a member of the public at approximately 01.40 on Sunday, 2 January 2022. The fire was put out by the fire brigade. The Chief Fire Officer told me that when the fire was reported the caller mentioned seeing children letting off fireworks beside the pub around 01.15 on Sunday, 2 January 2022. I have subsequently seen a copy of the Chief Fire Officer's Report on the fire (this is Document D).

Signed:

Reece Kemeny

REECE KEMENY

Dated: 29 November 2022

Document B

INSURANCE POLICY NUMBER 1234ABC DATED 1 DECEMBER 2021

Insurer:Negotium Cover Limited of Royal Mile House, Gillingbourne, Guildshire, GU4 3XT

Insured: Reece Kemeny of 36 Beech Street, Weyford, Guildshire GU8 9MM

The Building: 18 Shepherd Lane, Weyford, Guildshire GU8 6YY

The Business: "Spirit of the World" a theme pub carried on in The Building.

Insured Events: fire, lightning, explosion, earthquake, storm, flood, subsidence or ground heave.

Trade Contents: stock, furniture, fixtures and fittings, business machines and appliances, internal decorations, paintings and works of art, shop front with fitments, business books and documents, employees' clothing and personal effects.

1. Material Damage

The Insurer will indemnify the Insured against damage and loss to The Building and the Trade Contents arising from any of the Insured Events.

2. Business Interruption

The Insurer will indemnify the Insured against trading losses in respect of reduced takings and additional expenditure if The Business is interrupted by:

2.1 any of the Insured Events;

2.2 food poisoning, murder or suicide;

2.3 closure due to defective sanitation or a notifiable infectious disease;

2.4 inability to gain access as a result of fire etc at adjacent premises.

3. Waste Clause

It is warranted by the Insured that:

(a) all greasy cloths and similar items will be placed in lidded metal bins; and

(b) all trade waste will be bagged by the end of each day's trading and removed to a secure waste disposal area or placed in a designated area of the street outside The Building pending removal by the local council.

4. Warranties

Non-compliance with any warranty in so far as it increases the risk of loss, destruction or damage shall be treated as a fundamental breach of this insurance contract and will bar any claim in respect of such loss, destruction or damage.

Document C

Negotium Cover Limited

Royal Mile House,

Gillingbourne,

Guildshire,

GU4 3XT

Tele/fax: 0898 753521

www.negotium.net

14 June 2022

Our ref: PJ/FS/XYZ9531/FLNC

Mr Reece Kemeny

36 Beech Street,

Weyford,

Guildshire

GU8 9MM

Dear Mr Kemeny,

Policy number: 1234ABC. Fire at"Spirit of the World" 18 Shepherd Lane, Weyford

We have now completed our investigations.

The severity of the fire damage within the waste bin cupboard in the kitchen indicates to us that the fire started there. We have concluded that the cause of the fire was associated with the contents of the waste bin. There must have been in the waste bin before the fire started at least one discarded lit cigarette end and one, or more, paper napkins or similar material in a quantity sufficient to sustain a smoulder and catch alight.

You are therefore in breach of the insurance contract clauses 3(b) and 4 and your claim is rejected. We will not pay any claim for loss or damage due to the fire on Sunday, 2 January 2022.

We would add that even if your claim had been accepted, the figures put forward of 147,163 for material damage and 197,820 for business interruption are excessive and unacceptable.

Yours sincerely,

Tom Fitzpatrick

Tom Fitzpatrick, Executive Claims Manager.

Document D

REPORT OF CHIEF FIRE OFFICER

Kaio Bacelar

Guildshire Fire and Rescue Service

Town Hall, The Square, Weyford GU99 9AA

Tele: 0080987654 Email: k..r@townhall.weyford.org

20 January 2022

Fire incident at: "Spirit of the World" 18 Shepherd Lane, Weyford

Type of premises: Commercial - theme pub

Incident number: 9#12345

Attended with crew

Incident date: Sunday, 2 January 2022

Alarm given at: 01.40

Arrival time: 01.47

In-service time: 25 minutes

Fire incident type: Accident / children

Children reported setting off fireworks beside the premises at 01.15. Expended fireworks found in vicinity. Ignition most likely from firework or fireworks lodged in the thatched roof.

Possible other causes investigated: waste from restaurant. Bags placed on street for collection had not ignited. No sign of ignition in kitchen.

Signed: Kaio Bacelar

Kaio Bacelar, Chief Fire Officer

Document E

IN THE HIGH COURT OF JUSTICE

KING'S BENCH DIVISION

WEYFORD DISTRICT REGISTRY

CLAIM NUMBER 95153

BETWEEN

MrReece Kemeny Claimant

and

Negotium Cover Limited Defendant

DEFENDANT'S EXPERT'S REPORT ON LIABILITY

TO: the Defendant and its solicitors, TR Band LLP

1. Introduction

I am Iris Jensen, a senior forensic scientist specialising in fire investigation from the firm Kipling Clyde Grant LLP of 5 Baker Street, Weyford, Guildshire GU12 5TT.

2. My instructions

I have been instructed by TR Band LLP, solicitors acting on behalf of the Defendant to give and prepare expert evidence for the purpose of these proceedings and I have compiled this report from notes made by TR Band LLP from what I told them at face-to-face meetings with them, meetings on Teams and in telephone calls.

3. Background

According to the National Fire Protection Association, the five most common causes of fires in commercial buildings are cooking equipment, heating equipment, electrical and lighting equipment, smoking materials, and intentional fire setting. Smoking materials are responsible for 7% of fires in pubs and restaurants.

In this case a 999 call was made to the fire service by a member of the public at approximately 01.40 on Sunday, 2 January 2022. The fire was subsequently put out by the fire brigade.

4. Signis Safety Storage Plc

This company manufactured the 30 litre waste bin used in the kitchen of the pub when the fire occurred.

It is designed to be used for disposing of waste contaminated with flammable materials. It has a self-closing lid with a stable opening mechanism. The bin is liquid tight welded and made from fireproof metal designed to cut off all oxygen to any fire.

Industry studies show that this Signis Safety Storage Plc waste bin has a poor safety record. I think this demonstrates that the claim has no real merit.

5. My findings

I carried out an initial inspection of the pub on behalf of the Defendant on 27 January 2022. I have examined photographs of the damage to the building after the fire.

The overwhelming likelihood and the only realistic common sense conclusion is that there was present in the waste bin, before the fire, both at least one discarded lit cigarette end and one or more paper napkins or similar material in a quantity and orientation sufficient to sustain a smoulder and permit a transition to flaming combustion.

The waste bin was either not shut properly or damaged.

I reject the conclusion drawn by the Chief Fire Officer.

6. The reasons for my conclusion

I have looked at records of similar fires in waste bins in commercial premises. It is clear that even a small amount of trade waste left in a waste bin increases the risk of fire.

Tests have shown that on 34 occasions out of 100 a waste bin will catch alight when a discarded cigarette is placed in it with dry trade waste (napkins, etc).

7. Summary

The Management of Health and Safety at Work Regulations 1999 imposed on the Claimant various duties in relation to fire safety in the pub, including conducting an annual risk assessment of fire.

I have seen no evidence that the Claimant has done a fire risk assessment for the current year. This suggests to me that the fire started due to the Claimant's own negligence.

I have also examined the Claimant's claim for extensive building works after the fire which prevented the restaurant from re-opening for business until the end of May 2022. There is a claim for 147,163 under the material damage section of the Defendant's insurance policy and 197,820 under the business interruption section. These appear to me to be exaggerated and unsustainable. The Claimant obviously accepts this having made an offer to settle for only300,000.

8. My declarations

I understand that I owe a duty to exercise reasonable skill and care to those instructing me and that I have an equal duty to help the court on matters within my expertise. I confirm that I have complied with these duties.

I confirm that I have compiled this report to the best of my ability and certify that the facts and matters referred to herein are accurate. I believe that the facts I have stated are true and my opinions are my professional judgment on matters within my own knowledge to which they refer.

Iris Jensen

IRIS JENSEN

[Date]