Late application to court setting out order I seek-what does 7 days from service mean

[Iva]

Long story short: Entered small claim proceeding against a landscaper who did poor quality and dangerous work on our patio. Cannot afford a solicitor or any legal help and thought that with small claim one doesn't have to. Court allowed a single joint expert to report on the quality of work that has been done. Fees for this are much higher than the cost cap and I emailed the court to say that it's not feasible and reasonable to pay almost £2000 for an expert when my claim amount is £5000. Court ordered to file and serve application setting out the order I seek and any alternative expert quotation 7 days from service in order the trial date (12 October) is not put at risk.
What does this mean, please? Have I missed the opportunity to file application? What exactly is 7 days from service? Do I have to pay for this application? I emailed the court 2 expert's I'd like to use but haven't heard anything. perhaps because I didn't pay for the application?
Many many thanks for any help

[atticus]

The court is telling you that it will not do this by letter, but that if you want the court to vary its previous ruling you must make an application.

Within 7 days after the day on which you received the order you describe you are to file and serve an appliction to the court to change the directions about expert evidence. You should include the details and fee quotation of any alternative expert witness that you propse should be appointed.

[dslippy]

Recognise that in a building dispute over a few thousands, the costs are almost bound to be disproportionate.

[Iva]

Can I still do this after I missed the deadline of 7 days? Do I have to pay for this application?

[atticus]

1. You can try. No guarantees.

2. yes.

[Iva]

So I can apply and pay the fee but not be allowed this, correct?

[dslippy]

That is the nature of court applications.

[Iva]

Ok, last question.

After preliminary hearing the judge granted permission to instruct a single joint expert on the basis the instruction is reasonable and proportionate and is likely to assist the parties and the court. We were not able to find an expert within a lower (£400) or even higher (£750) fee cap and the court then chose the cheapest expert which is much higher than originally discussed (min. £1250 + VAT). I no longer feel this is reasonable and proportionate. I didn't seek to instruct an expert anyway, it was the defendant. Can I simply turn up at the hearing without an expert report? Or write to the court now to say min £1250+VAT isn't proportionate when claim is £5000?

Many thanks

[atticus]

That question was answered in your previous thread.

[Iva]

I appreciate you answered this previously,

'If you read the court order, I think this will say that you have permission to rely on expert evidence. If so, you are not obliged to commission or serve an expert's report. But will you be able to prove your case without expert evidence? There is a cost/benefit analysis that you will need to do'

But it's still unclear to me how can I not be obliged to serve an expert's report if the latest court's order is to file and serve application with an order I seek and quotes I want to rely on? I thought order is order which must be complied with. It's contradictory to say court gives permission to appoint a single joint expert if it's reasonable and proportionate and then chose one that's so expensive and clearly not proportionate.

[Iva]

Hello, I want to request adjournment but the form AC001 reads: 'A request for an adjournment can be considered only when the views of all parties have been received. It is the responsibility of the party seeking the adjournment to ensure the views of all parties are included in this form before it is lodged with the court.' Does this mean that if the defendant doesn't respond to this and express his views I cannot request an adjournment? Or if he responds saying he disagrees I cannot file the request with the court?
Many thanks

[atticus]

In reply to #10, what are the exact words of the order relating to expert evidence?

[Iva]