hi am not dragging my expert witness, theyve never done a expert report before..ive googled cant find any..does any1 have any on here we could use as a template?

no,

they write a statement and say that it is the statement of XXXXX, a motor mechanic of yy years standing and qualified by apprenticeship and experience or whatever makes them a relaible witness in their field.

They then state the facts of what they saw,

ie they inspected the car on such and such a date and found that ( whatever was wrong)

and this was caused by ( whatever)

and in my opinion this should have been reasonably forseen by any other motor dealer/mechanic and will cost approximately £zzz to repair.

To my best knowledge and belief this is a statement of truth signed and dated.

It is the wording of the last bit that needs looking up to make sure it is the current preferred version.

You then refer to this in your witness statement and make sure copies are sent to the court and the other party.

As the chap wont be attending it will be taken as read unless they want to provide their own expert witness/statement that contradicts this.

If they do then you can cross examine them in person or the judge has to decide whose version they prefer.

They never say that anyone is telling lies, just one side's version is more reliable or similar couched term

thnks that makes sense..so would the mechanics be expert statement..or id put them in witnesses?

expert witness statement

Hey thanks everyone, I got the directions sent off recorded delivery.

Did some more reading on CAG and it said to keep a paper trail, start building a file now.

I’ve done that and got a folder ready on my pc.

The case has now been agreed for mediation on 25th Jan.

However the original repair the dealership claims to have done in their defence has now re-emerged.

I contacted the dealer and he said he will speak to the finance company not me.

I contacted the finance company as I found a ‘receipt for work’ which states they would repair the door seals and also oddly it states they were going to repair the damaged area !

This is signed by them.

I presented this to the finance company and they say the fault is in 2017 so pre-decessed and they want an inspection agent to come out.

The inspection agent came out Saturday,

he said looking at the job report they only fixed one window

the rest of the work is on repairing the 'damaged area’.

I noticed the defendant however has stated in his sworn statement to the court/defence he repaired both windows.

This means the defenedant lied on his statement?

How would I proceed here

would you mention it at mediation as is lying not a serious thing on a sworn document?

I tried to google but appears theirs contradicting info.

I am currently awaiting the inspection agent report to verify what they said verbally before I raise this with the finance company.

Final question

- as the original window repair they claim was done wasn’t done,

would I be able to add it into current claim costs?

If so how?

well,

you agreed to mediation so take it there.

You dont have to accept anything offered and it wont count against you if you say that you are taking it to a hearing.

As for defendant telling lies,

you refute the veracity of that

and a judge will decide whose version of events is preferred.

That is what court is all about,

did you expect the defendant to admit everything and just cough up?

Lying in a county court isnt really punishbale either

so you do your bit and produce what evidence for your claim you can.

It all stands or falls on that, not on someone else's supposd lies.

Your claim is for a certain amount for a specifed reason, you cant add things to it now.

You can let the defendant know that you will be after them a second time for the cost of the window and they may well not fancy their chances a second time round and agree to pay up without a fight

hey everyone so mediation failed..now had a court notice to say a hearing has been set for june 13th, and i need to pay £80 by May 1st.

I also need to write and request use of any expert statements/witnesses/reports and video evidence.

I have two questions- the court bundle, does anyone have an indea of the index layout and what is needed to be included.

Also in my directions I already put down I want to use written evidence, what do I write to the court and say really?

Your formal witness statement will read like a timeline of what's happened. It should have numbered paragraphs, and any documents you want to include should be referenced in the paragraphs with copies included at the end of the statement in numbered exhibits. Try to keep it succinct.

For example:

1. I am the claimant in this matter and the matters contained in this statement are true to the best of my knowledge.

2. I purchased a car from Available Car on [DATE] at a cost of [PRICE]. A copy of the purchase receipt is attached a exhibit RDH1.

3. On [DATE] I noticed a fault with the car in that [describe fault].

And so on and so forth right through to when you issued proceedings.

When does the court order (the one with the hearing date) tell you that the witness statements are due to be filed and served? Is it 14 days before the hearing i.e. by 18th May?

The trial bundle index is a list of all the documents relevant to the case that the Judge might need, e.g. all the court docs (claim form, particulars, their defence, any court orders/notices), your witness statement, their witness statement(s). You don't need to do the bundle yet, just focus on your witness statement.

hi i have all the expert statements, quotes and video evidence done.

The court letter says it must be done 2 weeks before so i need it done by may 1st i guess.

What I am worried about is -

a) i am unsure what to put in a index this is my draft index so far and i don't know if its ok?-

Nottingham County Court : Case No: XXX

BETWEEN

XXX

and

Available Car Ltd Defendant

__________________________________________

INDEX TO BUNDLE FOR HEARING ON

June 13th 2018

__________________________________________

Section A

Particulars of Claim 1-2

Statement of issues 3

Section B

Case correspondence history 1-13

Section C

Audio, Video & Photographic Evidence 1-28

Section D

Expert Reports & Statements 1-3

(page numbers arent right as literlly drafted that will sort them.)

b) the court directions state i must request to use expert witness statement 2 weeks before as well and any video evidence..what exactly do i say just i am requesting this?

c) The video evidence itself i have so much it i 50gb as it is 4k hd from the dashcam and i cant find any kind of dvd to fit it onto ..but the court order says it must be sent to the defendant and court..really unsure how i can do it?

reduce the res & use a cheap penstick

can i do that? use min res in penstick sent to them and play the 4k hd versions in court?

As long as it's the same video with the same content yes. Different resolutions won't matter.

Don't forget to add the price of the USB stick to your costs. You might not get it back, but it's always worth a shot

right ok..thansk for the advise on that..does my court bundle index look ok?

im desperately in need of help in terms of the index for the court bundle can anyone help??

plenty of witness statements here already

use our search CAG box of the top redtoolbar.

plenty of witness statements here already

use our search CAG box of the top redtoolbar.

ive done the witness statement thanks.. i need help with what the court bundle should contain..is my index ok??

as long as it easily understood yes.

hello everyone

i rang the court today as i was confused, the directions state to put any expert you expect to bring and witnesses..

.yet the recent doc i had said u must write to the court and ask for this..

the woman seemed unsure and said well if its in your directions technically youve already informed the court.

.im sending a letter anyway to request it.

.but really unsure..

also the woman from court said if i buy a usb and send it i would be seeming to 'un-necessrily increase my costs' and so it would be better if i uploaded the files to a file hosting site and sent both parties the url in writing?

she said also the court has no facultieis to play a usb and i would have to bring my own laptop anyway?

is this right?

can i record a court admin person like this woman incase she misadvises or would this be frowned upon?

I think she is correct, same thing happened to me with a DVD containing a video file I sent with a witness statement. I was told (at court on the day of the trial because no one said beforehand) that we couldn't use the court's computers to play it during the trial and the DVD would have to be in a format that could be read by a DVD player.

I think it's an IT security measure.

Do you have a laptop you could play it on?

my worry with sending a url of the video evidence however is what if the other side says he doesnnt have internet or something?

my worry with sending a url of the video evidence however is what if the other side says he doesnnt have internet or something?

You are never going to get ALL your costs back, even if you win.

For the sake of the cost of a cheap memory stick, you can send them (via s tracked method!) a note with the URL for it online, AND a copy on memory stick (with a note highlighting you have taken all reasonable steps but no one can ever assure anything is 100% virus free), so they can’t claim they weren’t given a reasonable chance to view it.

You may not get all the (minimal?) cost of that back but weigh the potential unrecovered cost against no longer worrying about them believably claiming they had no way at all of viewing it.

hi so i sent the request to the court off to use video evidence but havent heard back i only have 2 weeks to file the whole case..what do i do? the court said they cant comment on when the judge will process the letter..if i send video evidence..will the judge just not say sorry i didn;'t accept this ???

Just send a copy of the video evidence to the other side and another to the Court, both on a USB and a link to an internet version as stated above, at the same time as you send everything else.

Then make sure that when you get to Court, you have a method to be able to play the video evidence (ideally a laptop with the USB).

Make sure the video evidence is referred to in your bundle index.

Why don't you show the evidence here.