Notice of Allocation to the Small Claims Track (Hearing), What to do Next? Confused.

[happynuts95]

I got notice of allocation to the small claim track (hearing), thought both parties chose online evidence route in N180 forms. The notice of allocation told me a preliminary hearing to consider the need for expert evidence is listed at 12:05 on Jan 20 in County Court for 30 minutes. No payment information and any other directional instructions for me. Do I need to pay hearing fees? Who should I ask for expert evidence?
thank you.

Jessica

[echat11]

You don't need to start a new thread.

Carry on after your last post on your previous thread, so members can respond.

[Pezza54]

If you haven't sent your full PoC to the court already MCOL Guidance states the claimant should send it to the allocated county court within 7 days of allocation
You should attend the preliminary hearing. The judge wants to investigate the use of an expert report and is seeking agreement between yourself and the defendant to a suitable expert. You should research potential experts remembering the financial limit is £750

[JK2054]

I got notice of allocation to the small claim track (hearing), thought both parties chose online evidence route in N180 forms. The notice of allocation told me a preliminary hearing to consider the need for expert evidence is listed at 12:05 on Jan 20 in County Court for 30 minutes. No payment information and any other directional instructions for me. Do I need to pay hearing fees? Who should I ask for expert evidence?
thank you.

Jessica

no you are not paying anything. What you need to do is pretty simple. Turn up at the time listed on the day listed aware that the court is considering expert evidence and whether it is needed. I do not agree with pezza above, I do not think you need to reserach experts, because the hearing is not to appoint an expert, rather to see if one is needed. If one is needed the judge will standardly tell the parties to go away, and agree an expert, and if an agreement cant be made to write to teh court, so a judge can then make a judicial direction. It is rare that appointment of expert will be made at prelim, particularly as experts won't have been asked with respect to the specific case yet.

[MaryS57]

From our very recent experience of preliminary hearings on smc (Aug 2024) and appointment of experts, I think Pezza's suggestion is actually quite sensible. It doesn't hurt to be prepared, esp in light of answers in that regard on the Directions questionnaire..

As Claimant myself, I already had a report filed (attached to back of the POC). But the defendants were asked at the Preliminary hearing if they wanted to get a report too and the District Judge expected them to come up with a name there and then. The Defendants blew the opportunity as they sat there totally floundering.

The judge wasted no more time and ordered that they could only ask questions of my expert (who was CPR35 compliant) in the first instance.

[JK2054]

From our very recent experience of preliminary hearings on smc (Aug 2024) and appointment of experts, I think Pezza's suggestion is actually quite sensible. It doesn't hurt to be prepared, esp in light of answers in that regard on the Directions questionnaire..

As Claimant myself, I already had a report filed (attached to back of the POC). But the defendants were asked at the Preliminary hearing if they wanted to get a report too and the District Judge expected them to come up with a name there and then. The Defendants blew the opportunity as they sat there totally floundering.

The judge wasted no more time and ordered that they could only ask questions of my expert (who was CPR35 compliant) in the first instance.

was that the decision of a DDJ? I've attened plenty of RTA and med neg where the court only considers whether or not an expert is neede, and if so then they give further directions for appointments/report filing