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conflyer

Bifolds fitted at incorrect floor level

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Notice of Hearing of Application

 

Claim No.

Date

1st Claimant Ref

1st Defendant Ref

 

The hearing of the Claimant's application dated XX April 2019 will taken place at XX:YY AM on XX January 2020, with a time estimate of 45 minutes, at the XXXXXX County Court  <Address>.

 

Cases are listed in accordance with local hearing arrangement determined by the Judiciary and implemented by court staff.....blah. Please contact court for further information on the listing arrangements that may apply to your hearing.

 

 

There is no information on preparations or parties unfortunately. Perhaps the same letter was sent to the defence.

Edited by conflyer

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Please contact court for further information  the listing arrangements that may apply to your hearing.

 

Well you must attend and also take all your paperwork in support


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 I received a response within a very reasonable time, which considering previous correspondence with the court came back quite promptly,

 

- Both parties are informed of the hearing of the application and are invited to attend before the District Judge

 

- Any evidence should be filed with the court and on the Defendant no later than 14 days before the hearing

 

(the case hearing is not yet set, they are now asking for availability dates in the next 9 months!)

 

Suffice to say that the Application Hearing letter is poorly worded and does not outline any of the above. I am sceptical about what evidence needs to be filed on the Defendant for the expert report.

i.e I should not have to disclose all the case docs  used to create the content of the report, rather it should be evidence supporting "why" the report is critical to be admitted?

 

Also, the  report itself was served to the Def via signed post 1 year ago. Does evidence/documents need to be re-sent if already served on the Defendant in the past?

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No...its simply to allow and check the validity of your expert and his report and that both parties are happy for him to give evidence.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/experts


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Thanks Andy,

 

If I understand correctly, there is  no need to submit further evidence to court or the Defendants for this application hearing, but would be good to bring communications that demonstrate my efforts and the  issues.

 

Also, to date I have done all the legwork with communications and submitting evidence. This was never reciprocated from the other side and in this case I would like to refrain from spending time and costs binding/posting material that is not necessary.

 

preparing in advance,

 

  • in what way can the other party dispute/reject the report?
  • can they bring a solicitor or other expert in the application hearing?
  • the court requested  formal application for the report, subsequently decided to hold a hearing. What would be the case on costs for the hearing in this case?

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As you are claimant the only costs are your application fee and the experts fee......

 

With regards to the above points I really cant say..you are in control of all the facts and evidence.

Yes they can bring counsel if represented...but there shouldn't be any other experts if you have both agreed on the same report/evidence.? 


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7 hours ago, Andyorch said:

Yes they can bring counsel if represented...but there shouldn't be any other experts if you have both agreed on the same report/evidence.? 

 

I appreciate the case has been going for a while due to court delays and  would not expect anyone to remember details.

 

This is SCT and we are in court because the Defendant disputes installation error of factual measurements against a signed contract.

 

We had conciliation for months last year, they asked I cover all making good damages in order to agree to a goodwill fix, and, finally rejected my very last offer for compensation.

After contacting 6 glazing specialists, nobody accepted to document the error and finally contacted 3 surveyors for quotes. I  invited the Defendants by Final Notice to agree to an independent survey - with quoted figures of course. All of this was rejected in writing.

 

So the report was instructed after grace period expired and it was served with the particulars to the Defendants. 

 

I understood costs would be discussed at the end of trial? Also I understand that report cost may not be recoverable, but does that affect admission anyway?

https://www.consumeractiongroup.co.uk/topic/409862-bifolds-fitted-at-incorrect-floor-level/?do=findComment&comment=4981648

 

All in all, I am just trying to put into context what I should be expecting at this hearing i.e discuss with the judge about key issues, why report can offer resolution etc

 

If the defendants want to dispute the report wouldn't they have to submit evidence prior to the hearing or their own "report"? Judging from previous experience with these people, they may not even turn up...

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I understood costs would be discussed at the end of trial? Correct Also I understand that report cost may not be recoverable,Correct but does that affect admission anyway?No

 


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Thanks again!

 

With regards to evidence raised above, since the application is now scheduled for a hearing, what if I wanted to submit further evidence to support my case for the hearing.

 

How would that affect the already submitted Witness Statement with the application? (It was not originally meant for a hearing)

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The hearing is to decide whether the expert evidence/witness be allowed......its not a trial or to decide the outcome of the claim.DId the Notice of Hearing ask you support anything further ?...sorry if its already been asked but I cant recall and this seems to be trundelling on forever.

 

Andy


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11 hours ago, Andyorch said:

The hearing is to decide whether the expert evidence/witness be allowed......its not a trial or to decide the outcome of the claim.DId the Notice of Hearing ask you support anything further ?...sorry if its already been asked but I cant recall and this seems to be trundling on forever.

 

Andy

 

Sorry if not clear above, the questions are still about the Application Hearing.

 

Because this is to be decided by a hearing now, I want to add supplementary information with my original Witness Statement submitted with the application to the court. I want to add the other party's response/refusal to cooperate to the independent survey.

 

Can I do this and add an extra paragraph to my WS to submit before-hearing ? (court's asked for evidence to be submitted 14 days before the hearing in my letter to them for clarification #153)

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Yes you can ...head it " Supplemental Statement " and intro that this evidence is submitted in addition to my statement dated xxxx xxxx 2019...then state your evidence.


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On 21/10/2019 at 23:42, Andyorch said:

Yes you can ...head it " Supplemental Statement " and intro that this evidence is submitted in addition to my statement dated xxxx xxxx 2019...then state your evidence.

 

Thank you.

 

Would this require to seek any permission from the other party or the court?

 

The application was originally served to court "without hearing". So it has not been served to the other party yet, but will be for the hearing requirement.

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It is normal practice to inform the other party that you intend to file a further statement.


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8 hours ago, Andyorch said:

It is normal practice to inform the other party that you intend to file a further statement.

 

Is this just to "inform" and not seek "permission" then?

 

In practical terms, I will have to send the application/Witness Statement to the other party anyway (no later than 14 days to hearing). Do I then, also need to "inform" of the further statement prior to that submission?

 

 

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Thank you,

 

This?

 

(3) A witness giving oral evidence at trial may with the permission of the court –

(a) amplify his witness statement; and

(b) give evidence in relation to new matters which have arisen since the witness statement was served on the other parties.

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The report has been served to the other party with the PoC. I did not expect the court to take so long, would I need to serve it again for the Application Hearing or not?

 

Also, Part 35.6, questions were not raised by the other party

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35

35.6

(1) A party may put written questions about an expert's report (which must be proportionate) to –

(a) an expert instructed by another party; or

(b) a single joint expert appointed under rule 35.7.

(2) Written questions under paragraph (1) –

(a) may be put once only;

(b) must be put within 28 days of service of the expert’s report;

 

What is considered the "service" date?

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