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.
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.

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