Cam Chain snapped on new van after 20 months / 114k miles

[Frank1]

That's brilliant.
You nay want to add that you object to the draft directions regarding the appointment of a single joint expert.
You have already spent a lot of money after the garage said you needed to obtain an engineer's report on the engine
Another engineer's report would be carried out far too late (engine parts are now rusty)
and the draft orders propose you should pay again 50% for a report

[WhiteVanMan5]

Objection to the Appointment of a Single Joint Expert

1. Duplication of Costs and Existing Expert Evidence The Claimant objects to the Defendant’s proposal to appoint a new Single Joint Expert. The Claimant has already commissioned two comprehensive reports from an independent expert, *************.

• Direct Request by Defendant: The initial expert reports were commissioned at the direct request of the Defendant (*************), who demanded such evidence before considering the claim.
• Impartiality: The Claimant had no prior relationship with the expert. The expert was selected independently based on professional qualifications and the Defendant was notified of the selection before the reports were commissioned.
• Financial Burden: The Claimant has already incurred a cost of £1,300.00 for these reports. The Draft Directions propose that the Claimant pay a further 50% for a third report, which is disproportionate for a Small Claims matter and places an unfair financial burden on a sole trader.

2. Physical Impossibility of a New Inspection A further inspection by a new engineer at this stage would be ineffective and produce less reliable evidence than the reports already filed:

• Degradation of Evidence: The engine was dismantled for the second report in May 2024. Since then, the exposed engine parts have suffered from rust and environmental degradation.
• Reliability: Any inspection carried out now, nearly three years after the initial failure, would be inferior to the contemporaneous inspections conducted when the components were "fresh". The existing reports represent the best possible evidence of the engine's state at the time of the breach.

3. Proportionality Under the Overriding Objective, the court must deal with cases at a proportionate cost. Ordering a third expert report for a claim capped at £9,825.16—when the existing report is already supported by a manufacturer's recall—is unnecessary and would lead to avoidable delays and costs.

[Frank1]

Under 2. Change "filed" to "undertaken".
You haven't obtained the court's permission to rely on an expert report.

[WhiteVanMan5]

This will all just be oral evidence to the Judge tomorrow? I don't give him those written submissions? I'm not expecting the defendant or Part 20 defendant to be there.

[Frank1]

Who knows?
The subject matter of the hearing doesn't mention allocation but best to be prepared just in case
Good luck and let forum readers know how you get on

[Frank1]

Have both DQs to hand in case the judge has mislaid his

[Frank1]

If allocation hasn't been mentioned by the end of the hearing my advice is to enquire about allocation and pass the judge a copy

[WhiteVanMan5]

If allocation hasn't been mentioned by the end of the hearing my advice is to enquire about allocation and pass the judge a copy

Just to be clear - what should I pass the judge a copy of? The notes I posted above?

By both DQs - that's the two differing Directions from the defence?

[Frank1]

Yes.
3 Directions Questionnaires then

[WhiteVanMan5]

So a quick update (I've just got home from Work, I'm off to Belgium in the early hours of the morning and then off to Belgium again on Wednesday - Thursday I'm off to Bristol early, so limited time available to catch up).

I *think* things went ok today.

The bank solicitors turned up which surprised me.
I arrived 30 minutes before the hearing and they were already there.
When I introduced myself to the clerk, the bank solicitors came over and introduced themselves to me.
We spoke for about 30 minutes before the hearing which was interesting. I let them do most of the talking.
Their goals were as we thought - move to Fast Track and get new experts with split costs.
I was in there for about 50 minutes (45 minutes was allocated) and TBH it could easily have gone on longer.
The judge sounded like she was going to move it to fast track, but at the last minute surprised me and said she would allocate it to small claims track.
The argument from the defence for fast track was that it was too complex for small claims with multiple experts and mutiple defences (with the Part 20).
The judge said that if it proved too complicated for small claims then the defence could apply to get it moved to fast track. I think it's imperitive I keep it as simple as possible.
Whether it was in Small Claims or Fast Track the judge and solicitor agreed that a full day would be required.
With respect to the experts, she agreed to allow a new expert, but because of what I had already spent on experts, that cost would be borne by the defence rather than split. If I lose, then obviously that cost might come into play for me.
For the particulars of claim, I need to redo it within 14 days with reference to all of the evidence I would be relying on. The new defence seemed to know nothing of the second expert report, the stellantis recall or a load of other pretty significant stuff.
I am also required to get correspondance from Vauxhall which states which engine is in my van and whether that engine qualified for the recall. This is what has me most worried. My expectation is that Vauxhall will not respond to me and not put that information in writing. If you have any thoughts on any way I can compel them to respond, that would be appreciated (I suspect there isn't)

[Frank1]

Thanks for the update.
Does this mean you can't rely on your expert report or is she going to permit 2 expert reports?
Did you point out that engine parts that require inspection will have deteriorated?
Had you disposed of the van how could another inspection be carried out?

[Frank1]

To prevent dealers being swamped with customers trying to book their vehicles in for the recall work Vauxhall may be issuing recalls in batches
Are you able to obtain a publishhed list with all the vehicle models affected including years of manufacture?

[WhiteVanMan5]

Thanks for the update.
Does this mean you can't rely on your expert report or is she going to permit 2 expert reports?
Did you point out that engine parts that require inspection will have deteriorated?
Had you disposed of the van how could another inspection be carried out?

She is permitting 2 expert reports.
Yes I pointed out the deteriation and she sid the new expert might have to base their report on my expert report! There was some discussion about what the expert would be asked and not a clear answer. I'm not sure, but think the defence might have to lay that out to the judge.
I asked about getting rid of the van now, said it was causing problems at home and she said she couldn't advise me, but I'd probably be better off to keep holding on to it.

[WhiteVanMan5]

Thanks for the update.
Does this mean you can't rely on your expert report or is she going to permit 2 expert reports?
Did you point out that engine parts that require inspection will have deteriorated?
Had you disposed of the van how could another inspection be carried out?

Yes that's my understanding, with the batches.
I'll try and get a list, but suspect that's not in the public domain and not something they'll offer me willingly. I might go into a dealership (or two) and chat with them. But that doesn't help me get it in writing and I suspect they won't have that information anyway.

[Frank1]

Good news about your expert report and the claim being allocated to SMC.

If you are attending the application hearing at the end of this month, you should file and serve a "Notice of Objection".

Try googling an example of a respondent's notice of objection to an application for relief of sanctions by a defendant whose claim was struck out when it was submitted too late.

When I did this a professional looking document popped up starting with court and claim details etc followed by clauses under headings and ending with a statement of truth.

If the solicitor makes an application to change track you will need something similar.