URGENT! Civil litigation assistance

[Thomas_P]

Hi all

This is a long shot, but just wondering if anybody on here is experienced in civil litigation and, ideally, property disputes? If so, I would really appreciate some help with an appeal that I am considering making.

Thanks

[Cinderella66]

You need to post the details in order to be advised.

[Thomas_P]

Hi

Thanks... I have posted on here a few times. I am checking first if there is anybody on here with the relevant experience, as I need to be sure of getting the correct info and don't want to waste time going into detail if nobody on here has the relevant experience.

Thanks

[des8]

Well you are unlikely to get a response without some details.
You say "property".. is that real property or just chattels.
If real property is it residential or commercial?
Does it involve landlord, tenant, freeholder, leaseholder, park home occupier or site owner.
Does it revolve round boundary disputes or trespass or easements or covenants?

I could go on asking questions but I don't want to waste my time typing when it would be better if you could at least give some idea.
Then we might find someone with the requisite knowledge

[Thomas_P]

Hi DES8

Thanks for message...sarcasm noted :o) ...I was just trying to ascertain initially if there was anybody on here who has the relevant experience, but here goes...

It is a boundary dispute in relation to a residential property.

I wish to adduce evidence of a different expert, as their expertise is required to assist the court in relation to my evidence due to judges not having the required technical knowledge.

I made an application, but this was made quite late as I was searching for an expert in the required field and they are thin on the ground.

The judge dismissed the application stating that I should have made it sooner and that the judge who had given permission originally for expert evidence had not considered my choice of expert to be necessary. This is incorrect, as my choice of expert was not discussed, which would be evidenced in the transcript.

The hearing date was also raised as an issue, as it is only a few months away and the judge stated that the other party would also have to be given permission for an expert of the same discipline, which would undoubtedly affect the hearing date.

My questions are:-

- Is an appeal likely to succeed based upon the fact that the judge hearing the case will not have the required technical knowledge to assess my evidence and so the expert evidence is necessary to assist the court!

- Is there any way that I can include the expert's evidence anyway under duty of ongoing disclosure (e.g. disclose parts of the report (images etc), disclose correspondence between myself and the expert, etc)?

Thanks

[des8]

So there is no permission to use an expert's evidence by either side.

In that case you need to try to work the content of that report into your witness statement if you did not include it in your claim details.

R0b

[Thomas_P]

Hi DES8

Thanks for your reply.

Witness statements have already been exchanged some time ago, so I presume this would not be an option now?

If there is some way around it, how would I go about it and can I actually refer to the evidence as being from the expert?

Thanks

[R0b]

Really if you needed to rely on an expert you should have made an application at the time you knew one was needed. Using the excuse that you were unable to find one as they're thin on the ground is not in my view sufficient - make the application and tell them you are looking but there's a shortage and time is needed to find one.

Any additional evidence after exchange would require the court's permission and the closer it is to the hearing the date the more risky because the timetabling might be affected e.g. the hearing might be pushed back and result in costs awarded against you.

I can't give any comment on the prospects of whether the appeal would be successful, it's whether you think it is worth arguing and any prejudice it may have on not being able to rely on an expert or even adduce evidence from someone with the expertise.

Rather than trying to rely on an 'expert' within the meaning of the CPR, you could try to get a witness statement from the relevant technical person you are seeking to rely on and have him/her comment that way. No guarantee it will work and again requires you to seek court's permission which could be refused due to the lateness of it.

Whether you are the claimant or defendant in this, should have really had this under control long before statements have been exchanged. I'm afraid the courts have little sympathy for those who make late applications.

[Thomas_P]

Thanks for taking the time to reply