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Expert Witness Evidence and Fast Track Court hearing

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  • Expert Witness Evidence and Fast Track Court hearing

    Hi all,

    New to the forum, so hoping I have put my first post in the correct location.

    I have a few queries I was hoping could be answered.

    I am in the process of taking a seller to court for selling me goods which weren't fit for the purpose for which they were described. I have had a pre trial hearing and could not reach any settlement with the defendant, so it is going to a fast track hearing.

    In the pre hearing the defendant stated he did NOT wish to use expert evidence of his own at the trial. I am using two experts written evidence. The defendant has been in communication with a professional Mr X (who has already given us a written statement), who we have stated to the court we are including written expert evidence from him.............is the defendant allowed to use Mr X as a witness, and is he allowed to discuss the case with the Mr X before the trial?

    Other query is, originally on the AQ, I selected small claims and the judge has moved it to fast track.......does that mean I can revise the costs of my claim and include additional costs I will incur by keeping the goods until the trial?

    If anyone can help answer that it would be greatly appreciated.

    Leffeman
    Last edited by leffeman101; 18th June 2011, 21:32:PM. Reason: pressed return and posted by mistake
    Tags: None

  • #2
    Re: Expert Witness Evidence and Fast Track Court hearing

    Ok, so what is the question?

    Comment


    • #3
      Re: Expert Witness Evidence and Fast Track Court hearing

      Originally posted by leffeman101 View Post
      Hi all,

      New to the forum, so hoping I have put my first post in the correct location.

      I have a few questions
      I was hoping could be answered.

      I am in the process of taking a seller to court for selling me goods which weren't fit for the purpose for which they were described. I have had a pre trial hearing and could not reach any settlement with the defendant. In the hearing the defendant stated he did NOT wish to use an expert
      ????
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Expert Witness Evidence and Fast Track Court hearing

        sorry i pressed the return button by accident and posted without it being finished!

        all done now

        Comment


        • #5
          Re: Expert Witness Evidence and Fast Track Court hearing

          I also wanted to mention the defendant offered me less than a 1/4 of my total claim as settlement at the pre hearing which I declined. He said that was all the money he had and was unemployed at present. My worry is he will have time now to transfer assets etc or hide them before the hearing.......is there any way to do a search of assets to show the court what he currently owns? or is it not worth worrying about?

          Comment


          • #6
            Re: Expert Witness Evidence and Fast Track Court hearing

            Some background information might help.

            Comment


            • #7
              Re: Expert Witness Evidence and Fast Track Court hearing

              Re Expert witness
              Meat Corporation of Namibia Ltd v Dawn Meats (UK) Ltd
              [2011] EWHC 474 (Ch)

              Compare

              Prince Jefri Bolkiah v KPMG
              [1999] AC 222 (mentioned in above)

              Google for info, as it's quite involved.
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment

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