'Expert evidence' admissibility issue in Small Claims

[Frank1]

The builder may be upset because you filed your surveyor's report before you were granted court permission.
He asked for it to be struck out at the preliminary hearing but the judge decided not to do so.
At present the report remains filed and included with your evidence.
The builder is the party that should be making an application for your surveyor's report to be struck out.

[atticus]

The OP needs to obtain permission from the court to use expert evidence: CPR 27.5. Without that permission, the judge will disregard it.

[Frank1]

Practice Direction 27A
Appendix B Standard Directions

5. Requires a party to write to the court seeking express permission to rely on an expert report at the hearing. An explanation should be given why the assistance of an expert is necessary.

A formal application and payment of a court fee is not mentioned.

[atticus]

Has that standard direction been made by the court?

[lovethelaw]

The directions provided as follows - note that the hearing that was ultimately set down in January was attended but the judge didn’t want to hear the matter because not enough time was set down , that’s why it’s now been set down for a full day.

IT IS ORDERED THAT:

1. The matter be allocated to the small claims track.

2. List a hearing, in a back-to-back list, with a time estimate of 2 hours, at first available date after 12th December 2025.

3. The parties must inform the court immediately if the case settles.

4. By 4 pm on 31 October 2025 the parties are to send to the court and send to each other a bundle containing the documents on which they intend to rely at the trial. The bundle shall contain at least the following documents:

• All correspondence, copies of e mails, contracts, invoices, receipts etc

• Witness statements from the parties and any other witness whose evidence will be relied on at trial. A witness statement must be prepared even if the witness is attending the trial. A witness statement is a written document which sets out what that individual can tell the court about the case. The witness statements should be typed if possible and must contain a signed statement of truth as follows: "I believe the facts set out above to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth."

5. If the parties fail to comply with paragraph 4 the court may decide not to take account of any evidence that is produced later and / or may strike out all or part of their case.

6. No expert evidence is permitted. Any party seeking to rely on expert evidence must make a formal application to the Court identifying the name, expertise and cost of the expert being sought.

7. All original documents must be brought to court on the day of the trial

8. Take notice that any party affected by this order may apply to have it set aside, varied or stayed within 7 days of the order.


————
On that basis, it seems I’m obligated to make the application if the surveyor report is considered expert evidence.

[atticus]

Para 6. An application is required, involving payment of fee.

[Frank1]

If I am reading OP's posts correctly, Op attended what he thought was going to be the final hearing, after having received court direction stating expert reports we're not permitted unless a party made a successful application.

Op was fortunate that the judge turned the final hearing into a preliminary hearing as he now has the opportunity to make an application to amend his witness statement and add the new evidence as well as seeking permission to rely on the surveyor's report

[lovethelaw]

Thank you all for your guidance, this is appreciated. I’ll make an application accordingly.

Frank, you mentioned that I need to amend my witness statement. Do I file a supplementary witness statement (I.e adding the new evidence to my earlier one) or do I amend my earlier one and re file it as an updated version?

As part of this, am I meant to get the surveyor to provide a witness statement or so I just include it as part of my amended/updated statement?

Huge thanks again to you both in helping me navigate all this, I’m super grateful as I was quite lost.

[lovethelaw]

Sorry, another procedural question - do I need to write to the builder in advance of making this application? He’s obviously not going to allow
the application by consent so it feels a bit futile. Will this application be determined on the papers (I.e without a hearing)?

[atticus]

No, just make the application. If you look at the application notice form you will see that you can request a hearing.

[lovethelaw]

Sorry, another procedural question - do I need to write to the builder in advance of making this application? He’s obviously not going to allow
the application by consent so it feels a bit futile. Will this application be determined on the papers (I.e without a hearing)?

[atticus]

See posts 39 and 40!

[Frank1]

You could treat amending your witness statement and application as Amendments to Statement of Case Practice Direction 17.
Don't forget to verify your amended witness statement with a signed Statement of Truth.

[atticus]

Sorry, what amendment is needed to the OP's witness statement?

[lovethelaw]

I’m wanting to file new evidence from SPONS on construction pricing (as a backup if they don’t permit the surveyor report) so I was assuming that my witness statement would need to be amended to include that?

My witness statement already includes the surveyor report. However, am I meant to get the surveyor to provide a witness statement himself, or is it fine for the surveyor report to remain part of my witness statement?

(apologies for the repeat posts- I’m not sure why it’s doing that!)