'Expert evidence' admissibility issue in Small Claims

[lovethelaw]

Did the contractor's claim consist solely of his invoice without any receipts or valuation of work done?

Yes, that is correct - his invoice also didn't specify what work it related to, basically just said "Demolition work- 6k"

[Frank1]

You should just file and serve your surveyor' s valuation with your witness statement. Don't call it an expert report.

[atticus]

It is what it is, not necessarily what you call it. And the OP says he has already filed his witness statements.

[Frank1]

At the preliminary hearing after you had filed your witness statement along with your surveyor's report and opinion on the value of work undertaken, what reason did the judge give for confirming the report was inadmissible?

[atticus]

Or even for not giving permission for expert evidence. The reasons will usually be that the he judge does not need the assistance of expert opinion in order to decide the issues in the case and/or that the cost will be disproportionate.

[lovethelaw]

No reason was given in the hearing/directions notice as to why expert evidence was not needed, and the judge has not actually made any decision on admissibility of the report.

At the preliminary hearing, all that was substantively discussed was hearing time needed (a full day has been set down).

Counsel for the builder said to the judge that I had gone and instructed an expert witness without seeking the Courts permission (which isn’t actually correct - I instructed the surveyor before the proceedings) and it had to be struck out.

I wasn’t given any chance to respond to that (despite trying) and the Court said they would rule on the issue at the next hearing.

[Frank1]

You did ask for the court's permission to submit an expert report in your DQ but permission was refused.
Perhaps the judge was a builder's estimator or quantity surveyor before taking up the legal profession.

As a whole day has been set aside for the trial, I doubt the judge intends to make decisions without a cost breakdown of work carried out.

[lovethelaw]

The judge also had the quantity surveyor report when permission to expect evidence was refused, as I had filed it with my defence and counterclaim (incorrectly).

What confuses me most is in the CPR, Practice Direction 27A (Appendix A) says 'a valuation of work done to date' is one of docs the Court 'usually needs' to resolve building disputes, and that’s exactly what I’ve done. It would seem ridiculous to exclude something that is explicitly contemplated as being necessary in this situation.

I guess I should just make an application and see what comes of it?

[lovethelaw]

*for expert, not to expect.

[lovethelaw]

*for expert, not to expect.

[Frank1]

In post 21 you stated your surveyor's report was struck out.
Was this order given at the preliminary hearing or had you already received a court order in the post?

[lovethelaw]

Sorry for the confusion - what I meant is that counsel for the builder said it should be struck out. It hasn’t been. The Court said they will determine admissibility at the substantive hearing.

[Frank1]

That should have been decided at the preliminary hearing.
The main purpose of a preliminary hearing is for the judge to give specific directions such as the appointment of a SJE

[lovethelaw]

Yeah, I thought it was strange that we had two hours for this first hearing and the judge just didn’t want to deal with anything, and wouldn’t even let me speak.

I’ve never had to deal with the small claims court before so had no idea what should have happened.

Should I mention this in my application?

[lovethelaw]

Yeah, I thought it was strange that we had two hours for this first hearing and the judge just didn’t want to deal with anything, and wouldn’t even let me speak.

I’ve never had to deal with the small claims court before so had no idea what should have happened.

Should I mention this in my application?