Expert Evidence for Small Claims

[LegalBiggles]

Hi

I am currently in dispute with a tradesman, a large part of which is over some tiling. The courts have said we need to have an expert report done. We have agreed to use The Tile Association, who are the leading body in such matters. They can offer a site visit at around £1,800. Or a desktop inspection at around £900. The court limit for the total amount recoverable is £750.

As such, I would like to go for the desktop study.

But the other party is insisting on the site visit.

I've made enquiries with the court, but have not heard back and in all honesty I don't think I'm likely to before the impending deadline.

I wondered if anyone has any advice please as to the best way forward with this?

Many thanks

[dslippy]

Apply to court?

How much is at stake?

What alternative sources are there for such reports and what do they charge?

[LegalBiggles]

Many thanks for responding

"Apply to court?" I'm not sure what you mean, sorry. But to clarify, I have rung the courts and they said I must email. So I have done that. But last time I emailed it took a month to get a response.

"How much is at stake?" Approx. £3,500 in total, including fees being claimed for.

What alternative sources are there for such reports and what do they charge? Have not been able to find any. On top of that, the deadline for us to agree on an expert has passed.

Thanks again

[atticus]

If you and the other party are not able to agree, you will need to ask the court to decide and to appoint the expert.

[LegalBiggles]

Thanks atticus It's an odd one because we have agreed the expert, just not the manner of the inspection.

The deadline for formally booking and giving the expert all the relevant information is Wednesday. And the court aren't willing to help by phone, and not responding to emails. So not sure how we go about asking the court in time - or for that matter - at all!

Thanks again

[atticus]

You ask one Court (singular), being the court seised of the case, by making an application for directions, explaining the decision that is needed. You may also need to ask for the timetable for other things to be re-set.

[LegalBiggles]

Sorry, I did mean court not courts and have amended my post accordingly.

Can an application for directions only be made by post? If so, if the deadline is Wednesday but the letter is not received by the court until after that, what would happen?

Many thanks

[atticus]

Hand delivery remains an option. Otherwise, First class stamp, tomorrow.

[LegalBiggles]

Sorry for all the return questions, but would you mind if I ask:

- Is the court likely to find it's own expert, or likely to choose between the two options on the table (The Tile Association doing a Site Visit vs Desktop Inspection)?

- Where the court gives a limit of £750 for the expert evidence, is that a limit per se, or a limit of the recoverable costs, beyond which you can spend as much as you like?

- If an application for directions is not made, and a decision is not reached between parties by the court deadline, what is the likely consequence?

[dslippy]

The Court will not find an expert for you. It may say to go away and either agree or come back each with your own expert.

The 750 is a limit on the recoverable costs.

Both sides have great difficulty proving their case.

[LegalBiggles]

Both sides have great difficulty proving their case.

I feel my evidence is really strong, especially on the technical and "job performance" side of things. In fact, I was really surprised when the court ordered an expert witness, especially seeing as they had not (have not) seen any evidence.

Thanks for all the great help

[atticus]

And if each side is unable to prove its case, the party with the burden of proof loses.

[LegalBiggles]

Oh no, half of my previous response disappeared. I'll have to return to that later.

But RE your point, that's the claimant as far as I know (the other party)?

[atticus]

Are you sure? If you are the one raising issues about the quality of work done, the burden of proving that the work was unacceptable will fall on you.

(I have made massive assumptions about the nature of the issues in your case. Those assumptions could be wrong.)

[LegalBiggles]

I'm not certain, but think that's what the judge said at the pre-trial hearing, as far as I can remember (I was quite nervous!)

So it is not always the case that the claimant has the burden of proof put on them?