Acknowledge of Service without a Particulars of Claim - CCMCC

[Ssssssssss]

Yep just a waiting game now and hopefully his report concurs with your assessment as to the quality of the work.

And you're welcome.

Oh jaguarsuk - its gone from straight forward to a mess again. Just received this from the other side at 4.45 today (it is from the other side to the expert. He copied us in only ) . The attached letter.

This was followed by the expert writing the following a few minutes ago :-

"Firstly, I can confirm that I visited the property on Thursday last week.
In view of the letter from xx Solicitors I recommend that, in order to conserve costs, that I now pause in writing my report until the outcome of the Interim Application is known."


Needless to say, we have not had sight of any application or any court correspondence of any kind in between what i have already posted here

[jaguarsuk]

Yep just a waiting game now and hopefully his report concurs with your assessment as to the quality of the work.

And you're welcome.

[Ssssssssss]

There's always an excuse isn't there, case load delayed response and now staff absences...

Yes, pay the expert and let them get on with it.

You would need to let the court know if there is to be a further delay and the reason why? Backing it up obviously with correspondence from the expert.

No, you cannot take tiles off as that could make the expert think they have fallen off and cloud his judgement of the works. Eeven if you explained why you had done it he would have to include that in his report and the other side are going to say you were leading the expert, his report is not impartial and should be disallowed as evidence.

If the workmanship is poor the expert will see it, that's why they're an expert.

Thanks Jaguarsuk

Yes their excuses are waring thin on their time, staff absences etc. I'm sure the expert wouldn't have been impressed.

Well, the other side finally paid their half and the expert came today. It was good because the expert chased them for the monies and so i suspect if they hadn't then the appointment would have been missed.

We didn't take anything off the walls in the end and we left him to do what he needed to. He asked questions along the way which we answered and he seemed to be going through the schedule. He even showed me that he'd read our schedule and the other sides too.

So i guess its a waiting game now. He might ask for more info on email about this or that so we will see what he asks but all in all i think he was just quietly gathering information from the bathroom and from what we said etc. What he does with it all, we will have to wait and see now i guess.

Relieved this stage is over though finally and I really want to say a massive thank you Jaguarsuk for all your help. We wouldn't have gotten to this stage without it.

[jaguarsuk]

Remarkably the other side have answered the expert with the attached letter. I assume we now just respond that we are happy with the date for inspection which is set for Thursday this week ?

One further query though which is - the court deadlines now mean that there won't be time for the expert to come back to do any exploratory works before the first draft of his report and the courts deadlines. If the expert says these works are needed, would he just write to the court or something like that ?

Lastly, are we allowed to take any tiles off for him to see behind them or should we just leave it to him now and see what happens ?

There's always an excuse isn't there, case load delayed response and now staff absences...

Yes, pay the expert and let them get on with it.

You would need to let the court know if there is to be a further delay and the reason why? Backing it up obviously with correspondence from the expert.

No, you cannot take tiles off as that could make the expert think they have fallen off and cloud his judgement of the works. Eeven if you explained why you had done it he would have to include that in his report and the other side are going to say you were leading the expert, his report is not impartial and should be disallowed as evidence.

If the workmanship is poor the expert will see it, that's why they're an expert.

[Ssssssssss]

Wait and see what the response to the chase up is, no need to be drafting an application unless it's required.

Remarkably the other side have answered the expert with the attached letter. I assume we now just respond that we are happy with the date for inspection which is set for Thursday this week ?

One further query though which is - the court deadlines now mean that there won't be time for the expert to come back to do any exploratory works before the first draft of his report and the courts deadlines. If the expert says these works are needed, would he just write to the court or something like that ?

Lastly, are we allowed to take any tiles off for him to see behind them or should we just leave it to him now and see what happens ?

[Ssssssssss]

Ok cool. Expert has given other side a deadline of Monday to respond. So will see what comes of it as you say.

[jaguarsuk]

OK - I;ll draft something up.

I just spoke to the experts secretary who said she would have a word with the expert and find out what is happening but that they couldn't proceed without the other sides signed paperwork anyway but they could chase it up. She said she would let us know either way. Fingers crossed he doesn't pull out completely as a result

Wait and see what the response to the chase up is, no need to be drafting an application unless it's required.

[Ssssssssss]

You would have to make an application to extend the deadline further and that the court order pursuant to CPR 35.8(4) the amount quoted by the expert as the limit of their fees and the parties to pay the amount into the court within 7 days. Then the expert can be instructed, invoice the court and get on with it.

OK - I;ll draft something up.

I just spoke to the experts secretary who said she would have a word with the expert and find out what is happening but that they couldn't proceed without the other sides signed paperwork anyway but they could chase it up. She said she would let us know either way. Fingers crossed he doesn't pull out completely as a result

[jaguarsuk]

Thanks Jaguarsuk. I'll send it over to the expert right now. I did just call them too but he was out. I'll try again later today. He's off tomorrow too He's very busy it seems.

When you say we would have to seek directions from the court again - would this have to be as a formal application or just a letter to the court outlining the issue ?

You would have to make an application to extend the deadline further and that the court order pursuant to CPR 35.8(4) the amount quoted by the expert as the limit of their fees and the parties to pay the amount into the court within 7 days. Then the expert can be instructed, invoice the court and get on with it.

[Ssssssssss]

You'll need to send the expert a copy of the order and ask them to confirm that they can meet the deadline or inform the court why they can't.

If the other side don't pay to prevent the expert being able to produce a report you would seek directions from the court, but a judge is going to see it for what it is and that will only reflect badly on the other side.

Time is marching on and it might be wise to perhaps telephone the expert to follow up with them and find out what is going on.

Thanks Jaguarsuk. I'll send it over to the expert right now. I did just call them too but he was out. I'll try again later today. He's off tomorrow too He's very busy it seems.

When you say we would have to seek directions from the court again - would this have to be as a formal application or just a letter to the court outlining the issue ?

[jaguarsuk]

Hi Jaguarsuk.

So we sent a letter to the expert on thursday afternoon last week (22nd august) saying we have told the court to extend deadlines and also please sent us invoice and we are happy to proceed. We haven't received any response yet from the expert and the other side were copied in but we haven't heard anything from them either. The expert can't start until both sides pay though so if the other side don't answer him then he won't do anything i guess. It would be nice if he answered though although i know its been bank holiday weekend so we haven't followed it up yet.

We have also now today received an order from court dated 28th August 2019. It says

"Upon reading the attached letter from the proposed single joint expert in relation to the timescales in which he can report. It is ordered that:-
1. The order of Deputy District Judge x is varied at paragraph 4 to provide for the single joint experts report to be filed by 18th Sept at 4pm.

2. This order having been made by the court persuant either to rule 3.3 or rule 23.8 of the CPR 1998, any party affected by this order has the right to apply to set it aside, vary or stay it by application made not more than 7 days after this order was served on the party making the application.

Dated 21st August 2019."

What should we do. We should probably sent the order copy to the expert but given neither he or the other side have done anything so far and the other side haven't signed the experts letter or requested an invoice be sent to proceed, we are at a loss as to how to force this forwards now ? The 18th is also cutting it fine i guess too

You'll need to send the expert a copy of the order and ask them to confirm that they can meet the deadline or inform the court why they can't.

If the other side don't pay to prevent the expert being able to produce a report you would seek directions from the court, but a judge is going to see it for what it is and that will only reflect badly on the other side.

Time is marching on and it might be wise to perhaps telephone the expert to follow up with them and find out what is going on.

[Ssssssssss]

I'd do that any way, sooner he gets on with it the sooner he's done.

Hi Jaguarsuk.

So we sent a letter to the expert on thursday afternoon last week (22nd august) saying we have told the court to extend deadlines and also please sent us invoice and we are happy to proceed. We haven't received any response yet from the expert and the other side were copied in but we haven't heard anything from them either. The expert can't start until both sides pay though so if the other side don't answer him then he won't do anything i guess. It would be nice if he answered though although i know its been bank holiday weekend so we haven't followed it up yet.

We have also now today received an order from court dated 28th August 2019. It says

"Upon reading the attached letter from the proposed single joint expert in relation to the timescales in which he can report. It is ordered that:-
1. The order of Deputy District Judge x is varied at paragraph 4 to provide for the single joint experts report to be filed by 18th Sept at 4pm.

2. This order having been made by the court persuant either to rule 3.3 or rule 23.8 of the CPR 1998, any party affected by this order has the right to apply to set it aside, vary or stay it by application made not more than 7 days after this order was served on the party making the application.

Dated 21st August 2019."

What should we do. We should probably sent the order copy to the expert but given neither he or the other side have done anything so far and the other side haven't signed the experts letter or requested an invoice be sent to proceed, we are at a loss as to how to force this forwards now ? The 18th is also cutting it fine i guess too

[jaguarsuk]

mail the expert saying to send us our half of the invoice so he can get on with it.

I'd do that any way, sooner he gets on with it the sooner he's done.

[Ssssssssss]

As I expected their letter is all waffle and no substance, you have done the right thing and I wouldn't even bother with point 3. You asked them to agree, they refused and they'll find out your actions when the court issues directions.

Thanks Jaguarsuk. We won't bother with point 3 - you are absolutely right. It feels good to just go back to the court. I suspect it won't be the last of it as i'm sure if the court grants the extension, they will continue to either protest this experts appointment based on his increased cost or they will just not respond until the new deadline runs out. One step at a time i guess though. Once we hear from the court, I'll let you know what they say and hopefully if the extension is granted we can just mail the expert saying to send us our half of the invoice so he can get on with it.

[jaguarsuk]

Hello Jaguarsuk. Thanks for replying on Friday - put things into perspective for us.

OK Monday morning. I've done the following

1. I sent urgent letter via email to the court asking for the extension. I then walked around to the court ( as its not far from me). I went to the urgent issues counter. First they said i needed a consent order. Then i said well can i just ask for further directions then because we already asked the other side about an extension. They then went and spoke to someone else who said we needed to file a formal application at a cost of £100. I then said, well its a joint expert so can we ask for further directions instead then. He then got someone else to come to the counter. She read the letter and asked if the letter was from the expert himself. I said yes. She then said well that should be fine then. I'll see what we can do and refer it to the judge and give you a call as soon as possible or send you a letter with courts decision. She said if its from the expert then they can look into it without a formal application or something like that i think.

I said we had filed our instructions letters etc with the court previously so they were on file ( the ones you told me to file )

I also asked if they needed a copy of the other sides letter not agreeing to the extension and they said not just yet but we could file a copy with the court later maybe.

2. I've drafted letter to expert BUT not sent it yet. Stating we are happy to proceed. We have asked court for extension. Send us the invoice. We will pay our half.

3. I've drafted letter to other side ( not sure whether to bother sending it) saying :- "We acknowledge receipt of your letter dated 16^thAugust 2019. With regards to an extension, we are not clear on the approach you describe and so due to the deadline being so close, we have now written to court to ask for the necessary extension along with a copy of the experts letter."

How does that all sound and the letters the other side sent us on Friday.

Thanks in advance !

As I expected their letter is all waffle and no substance, you have done the right thing and I wouldn't even bother with point 3. You asked them to agree, they refused and they'll find out your actions when the court issues directions.