Jump to content

 

BankFodder BankFodder

Kalozo

Registered Users

Change your profile picture
  • Content Count

    19
  • Joined

  • Last visited

Community Reputation

1 Neutral

About Kalozo

  • Rank
    Basic Account Holder
  1. Sorry for any confusion - here is a quick recap: 1) In March there was a preliminary Small Claims hearing and we were ordered to appoint a joint expert 2) We appointed a joint expert and agreed joint instructions 3) The joint instructions stated stated the expert would have full disclosure and referenced the evidence bundle I supplied for the preliminary hearing 4) I sent the evidence bundle to the expert witness 5) The Defendant then kicked up a big fuss stating that some of the content should have been removed - a previous report on the patio 6) The expert got fed up with the Defendant and pulled out 7) We have agreed a new expert witness 8) The Defandant is now asking that all references to the previous report be removed from my evidence bundle that is shared with the expert witness, including: A) All references to the report be removed - this would require me redacting my Witness Statement and letter before actionicon. Is the Defendant entitled to ask for this? B) The evidence bundle to be renumbered so the expert would not know they had been removed. My Witness Statement references page numbers. This would mean I would need to rewrite my Witness Statement. Is the Defendant entitled to ask for this?
  2. Yes it was agreed to use this expert witness. The issue is the Defendant is requesting that some of the content of my evidence be removed and not disclosed to the expert.
  3. Thanks Andyorch - I had previously read 35.4. It doesn't seem to address the issue of full disclosure to the expert and what the Defendant can ask me to remove from my bundle?
  4. We have now selected a second expert witness after the first witness pulled out after the Defendant frustrated the process for 5 months. I have previously had an independent report completed on the issues with the patio. The Defendant has now explicity asked that this be removed from my evidence bundle and not to be disclosed to the expert. I am comfortable with this now it has been explicitly asked for. In addition, the Defendant has also asked: 1) All references to the report be removed - this would require me redacting my Witness Statement and Letter Before Action. Is the Defendant entitled to ask for this? 2) The evidence bundle to be renumbered so the expert would not know they had been removed. My Witness Statement references page numbers. This would mean I would need to rewrite my Witness Statement. Is the Defendant entitled to ask for this? Many thanks...
  5. Interesting - I told the Defendant I was writing to the Judge and he acknowledged stating "Agreed as you clearly cannot be trusted to act appropriately". He didn't ask for a copy Now that the Judge has ruled, this is just another blatant attempt by his lawyer to frustrate the process.... Happy to share the correspondence with the Defendant as it is all completely true and factual. I guess let the Defendant get any objections out of the way now before we get to the hearing...
  6. Hi, I have an ongoing small claims where the Defendant is frustrating the court orders. I wrote to the Judge who has made a ruling to appoint a particular expert witness. The Defendant is now stating that he wants copies of the correspondence I sent to the Judge. Do I need to share this correspondence with the Defendant? Many thanks in advance...
  7. It was interesting that the Defendant waited until I had posted the evidence bundle before he objected. The Defendant didn't ask for this to be removed during the 6 weeks we spent agreeing the instructions which clearly stated the evidence bundle would be shared. He was copied on all the email exchanges with the expert witness where I asked for the postal address to send the bundle to - again no concerns were raised. He has a lawyer friend advising him as a McKenzie Friend so he can't claim ignorance - I get 16 page letters of Latin, precedents and procedure each time we correspond. The expert has confirmed that he has not looked at and will not look at the report. However, the Defendant has now rejected the expert witness. It is another calculated attempt to continue to frustrate the process having done so for 3 months already.
  8. Patio installation expert witness. Evidence bundle contained my witness statement, contract information, photographs, manufacturers' specs and installation instructions and a previous independent assessment report on the state of the patio. The Defendant is objecting to the previous report (which the expert witness has confirmed he has not looked at and will not look at). Both the Judge and the Defendant were aware of this report at the preliminary hearing. Indeed at one stage the Judge was going to accept it as expert evidence until the Defendant objected and asked for a jointly instructed expert.
  9. We have agreed instructions - took 2 months to agree. I followed the instructions and sent my evidence bundle I had disclosed at the preliminary hearing to the expert. The Defendant claims the evidence bundle shouldn't have been shared with the expert even though that's what the jointly agreed instructions state. During the 2 months it took to agree the joint instructions the Defendant never once raised concerns about the content of the evidence bundle. At the preliminary hearing the judge even asked the Defendant if he had any issues with the evidence bundle being shared with the expert witness. The response was "this has not been considered and I will advise the Claimant" The Defendant is now saying the the expert is compromised because the evidence bundle shouldn't have been sent to them. Just another attempt to frustrate the process...
  10. I have written to the judge detailing the Defendant's attempts to frustrate the process and asking the Court to appoint one of the 3 expert witnesses I have nominated. Thanks for your advice...
  11. Value of claim is £10k. The order was: "The parties may jointly instruct an expert as the Claimant shall supply the Defendant with 3 suggested experts from which he must select one, if he does not agree any he will suggest 3 from which the Claimant will select one. In default of agreement the Court will nominate one." The builder rejected 2 out of the 3 experts originally and has now rejected the 3rd - claiming I have compromised their independence. So it looks like the builder must now propose 3 expert witnesses? My concern is this could take another 3 months as he drags out the process? Andyorch - are you suggesting I write to the judge?
  12. I have an ongoing small claims with a builder. At a preliminary hearing at the beginning of March we were ordered to jointly instruct an expert witness. We are now 3 months on and the builder continues to frustrate the appointment of the expert witness – taking weeks to reply to emails, stating emails have gone missing, changing his mind on things that we have previously agreed – e.g. evidence disclosure for the expert. The latest attempt is to say that I have compromised the expert’s independence during the appointment process and so the builder is now rejecting the expert witness we had jointly agreed to instruct. Any advice on how I can make progress and stop the builder from frustrating the process would be much appreciated. Thanks in advance…
  13. My small claim is progressing slowly and a key element of the builder's defence is that the paving slabs I provided were inferior. They are actually a CE certified slab from one of the top 3 suppliers in the UK. I sent an email to the builder with a link to the slabs I intended to buy before accepting his quote. He never raised any concerns at that point. When he did the job he never raised any concerns about the quality of the slabs. Is there any case law that effectively states by accepting the materials provided by the customer and continuing with the job, the builder deemed them to be fit for purpose and of acceptable quality? I can find lots of discussion from the motor trade but haven't been able to find any specific examples of case law. Thanks...
  14. There is a lot of history here. The installer laid the patio and slabs became loose. Remedial work was carried out. The slabs became loose and further remedial work to completely lift and relay the patio was undertaken. The Defence acknowledges that there have been two attempts at remedial work but denies there are now any issues. This did not resolve situation and there are still lots of issues with the patio: • Slabs are loose and rock and jointing has failed • Patio is at damp proof course level in places • Air bricks are half covered • Falls are not correct so there is water ponding All these things are documented in the report I already have by a reputable company that is accredited by all the appropriate trade bodies. But obviously it isn’t a court instructed expert witness report. The defendant denies any issues: • Claims slabs are not loose and goes to great length to explain the work they did • Claims that pre-contractual discussions agreed the height of the patio against the property (nothing in writing). I did not agree to breach the damp proof course and block air bricks • Blames any ponding on the slabs I provided in that they are inferior and riven surfaces. The slabs are from one of the three leading providers of slabs in the UK • Rejects the report due to CPR If the court rejects the report, it will be very difficult for me to prove the issues. It feels like I have a few options: 1. Risk submitting the report as evidence and hope it is allowed 2. Fill in the N180 and request another expert report (but it will be difficult to fid anyone more qualified) 3. Fill in the N180 and state that I already have the report 4. Fill in the N180 and put the same person down effectively promoting them from an expert advisor to an expert witness. This surely runs the risk that the defendant says the person is no longer independent? Any advice would be great. Thanks
  15. Thanks BazzaS... I haven't submitted the N180 yet and so it looks like I have two options: 1) I submit the report I have as evidence and hope that the court doesn't disallow it. If the court does disallow it can I at this stage then ask for an expert witness to be instructed or is my case basically blown apart? 2) I fill in the N180 and request an expert witness is instructed. Are there any other options e.g. State the report I have already obtained on the N180? Thanks
×
×
  • Create New...