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Pre-action conduct/Single Joint Expert vs “binding” expert determination

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  • Pre-action conduct/Single Joint Expert vs “binding” expert determination

    Hi, I'm currently in dispute with a supplier. So far I have:

    1.Rejected the goods under the Consumer Rights Act 2015 (within 30 days)
    2. Obtained an independent expert witness report confirming design/installation failings
    3. Sent an Letter Before Action

    I'm open to resolving the matter through ADR and their solicitor has suggested that we get a Single Joint Expert which I'm also open to. The sticking point is that they want me to be bound by the findings of that report which would result in full and final settlement of the dispute.

    I've replied stating that I'm open to instructing a SJE but I do not agree to be bound by the findings. Their solicitor has responded with "your refusal to be bound by the expert’s findings is not in the spirit of the protocol and nor is it conducive to moving forward with a possible settlement of this dispute".

    I suppose my questions are:

    1. If I'm bound by the findining, does this affect my consumer rights moving forward should I still wish to litigate?
    2. Will a judge view my rejection of the binding clause as unreasonable?

    Any help with this would be magic.

    Thanks.
    Tags: None

  • #2
    You are right to be concerned to be legally bound to the SJE's report.

    Google Clarion>Insights>Expert Evidence-can a party faced with an unfavourable single joint expert's report rely on alternative expert evidence? and read the article.

    Has the other party offered to pay for this second report?
    There is a proverb "He who pays the piper calls the tune."

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