Tweet
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?
Loading...
-
Tags: None -
Not enough information to form an opinion. -
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 saidComment
-
Not unless the tradesman has more than just his own beliefsComment
-
Thanks and sorry for the second thread first time user
so if the tradesman had their own specialist ?
you have been most helpfulComment
-
You need a report from a registered expert witness or at the very least a highly qualified experienced tradesman or academic.Comment
-
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. ThanksComment
-
The judge will consider anything he likes, thats why he's the judge.Comment
-
Ok thanksComment
-
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.Originally posted by Clueless3003 View Post
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.Comment
1 of 2
<
>
SHORTCUTS
First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire
If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.
NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service
Defend Claim - within 28 days from Service (IF you acknowledged in time)
If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.
We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
2 of 2
<
>
Support LegalBeagles
LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.
See more
See less
Comment