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Mcol to small claim

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  • Mcol to small claim

    Hi if someone returns a report as per a court direction but adds their own criticism too would the judge be interested or is the judge just interested in what they have asked?
    Tags: None

  • #2
    Not enough information to form an opinion.

    Comment


    • #3
      Hi sorry new to the forum
      does this help?

      so I’m taking a tradesman to court I got a specialist report and the tradesman disputed it. Tradesman allowed to approach specialist and was to return results to court. Tradesman has added own criticism of specialist saying that he doesn’t believe the experience of the specialist
      will the judge be interested what the tradesman said or just want to know what the specialist said

      Comment


      • #4
        Not unless the tradesman has more than just his own beliefs

        Comment


        • #5
          Thanks and sorry for the second thread first time user
          so if the tradesman had their own specialist ?
          you have been most helpful

          Comment


          • #6
            You need a report from a registered expert witness or at the very least a highly qualified experienced tradesman or academic.

            Comment


            • #7
              I am the only party who instigated a specialist. Tradesman pulled specialist apart so a dispute was raised (that I paid for) that the specialist answered and tradesman is still pulling the specialist apart? Just wondered if the tradesmans comments will be considered by a judge or if they are only interested in the question being answered that was posted to the specialist. Thanks

              Comment


              • #8
                The judge will consider anything he likes, thats why he's the judge.

                Comment


                • #9
                  Ok thanks

                  Comment


                  • #10
                    Originally posted by Clueless3003 View Post
                    Hi sorry new to the forum
                    does this help?

                    so I’m taking a tradesman to court I got a specialist report and the tradesman disputed it. Tradesman allowed to approach specialist and was to return results to court. Tradesman has added own criticism of specialist saying that he doesn’t believe the experience of the specialist
                    will the judge be interested what the tradesman said or just want to know what the specialist said
                    It sounds as if you need to get a SJE appointed per CPR rule 35, you can in certain cases each use your own expert but if the claim is low value then a SJE or Single Joint Expert is probably better, you need the Courts permission for an expert, but it should put to bed the case fairly quickly.

                    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

                    If you need to contact me please email me on Pt@roachpittis.co.uk .

                    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

                    You can also follow my blog on consumer credit here.

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