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

[Frank1]

Note the last sentence under the heading
Court's Reasoning and Analysis.
"..............importance and technicality may justify separate expert evidence regardless of claim size "

[Frank1]

The time you spend now getting your documents list right will be time saved when you draft your witness statement .

[WhiteVanMan5]

The time you spend now getting your documents list right will be time saved when you draft your witness statement .

I think I'm basically finished - but find it a bit confusing, seperating out by DOCs, Emails, Screenshots etc ...... so I think I'll redo it - give everything a sequential DOC number, and group (and order) by what it is addressing - e.g. initial purchase, breakdown, diagnostics, costs etc ......

[WhiteVanMan5]

I think I'm basically finished - but find it a bit confusing, seperating out by DOCs, Emails, Screenshots etc ...... so I think I'll redo it - give everything a sequential DOC number, and group (and order) by what it is addressing - e.g. initial purchase, breakdown, diagnostics, costs etc ......

This is what I've prepared/collated. I think I have everything in there!

[WhiteVanMan5]

I've just realised:
Your documents list, documents and witness statement are not filed with the court but should be inserted in the trial bundle.
In case the solicitor, who is preparing the trial bundle, does not request copies of all your documents you should send copies of all your documents except your amended particulars of claim and replies to amended defences.

You could include the inspection reports in the list but hold them back. State in your covering email that you have sought court permission to rely on them at the trial and will forward the reports if permission is granted.

Just re reading your messages. I have previously provided the defence with copies of both inspection reports, so they should already have copies of them. (i.e. the contents aren't going to be a surprise to them)

[WhiteVanMan5]

11 weeks could mean the appointment of the SJE is before you receive the court decision.
A party making an application using N244 can seek an order in the alternative
Your priority should be your inspectors appointed the sje and the alternative, if the court declines, that the order grants you permission to rely on the reports already obtained at the trial.

You will need to expand box 3 on n244. Have you got Adobe acrobat? If not you will have to state see separate sheet.
When I asked Copilot to draft a specimen n244 providing brief details of the order wanted, I was astounded how quick the AI drafted the form. It ended by asking me if I wanted a draft order suitable for the court and a witness statement

Just a typo I presume? I am using N265

[Frank1]

N265 for the documents list
N244 for an application notice

[Frank1]

The documents list looks fine.
Are you posting or emailing N265, the list and documents to the solicitor?

[Frank1]

Have you included the letters or emails from the defendant asking you to obtain automotive engineers reports?

[Frank1]

The documents list should include letters, emails, phone texts relevant to a claim.
Have you included all relevant correspondence? There doesn't seem that many emails or letters? Did you receive a letter or email from the defendant refusing compensation after you submitted the inspection reports?

[WhiteVanMan5]

Have you included the letters or emails from the defendant asking you to obtain automotive engineers reports?

No I will find them

[WhiteVanMan5]

The documents list looks fine.
Are you posting or emailing N265, the list and documents to the solicitor?

I will be emailing

[WhiteVanMan5]

The documents list should include letters, emails, phone texts relevant to a claim.
Have you included all relevant correspondence? There doesn't seem that many emails or letters? Did you receive a letter or email from the defendant refusing compensation after you submitted the inspection reports?

I have a Word document of correspondance and evidence that is 284 pages long (and not fully up to date). Earlier versions have been supplied to the defence (that's where they will have got the FOS correspondance from). I was deliberately trying to be brief, perhaps direct, with the evidence to reduce the risk of them requesting non Small Claims Track - which they have the right to petition for (though didn't witht he first of 2 opportunities after I submitted my amended POC).

In discussions in the waiting room, before the preliminary hearing, I did mention to the defendents solicitors that if it wasn't in the small claims track, then I would be increasing my claim to my true losses, over £30,000. That appeared to shock them and he made a note of it. I wonder whether that's discouraged them from moving out of the small claims track.

[Frank1]

If the defendant applies to have the case transferred to the fast track and the judge agrees, you will not have the chance to amend your claim again. The solicitors are trying to prevent you relying on your inspectors report in court
If you haven't received court permission by mid June you should seriously consider making an application and be prepared to pay the court fee.
The solicitor, at this time, may apply to have the claim reallocated.
I don't think the amount of correspondence will influence the court decision. More likely the complexity of the case in respect of possibly 2 expert reports
You will need to include brief details of the contents of correspondence in your witness statement and refer to these letters and emails in your documents list. The judge may want to read this correspondence.

[Frank1]

When you draft your witness statement with short consecutively numbered paragraphs it is advisable to leave the numbering until you have read it over and are sure you haven't missed anything.