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

[Frank1]

Yes an application using N244. That's what the court directed.
If your application is successful you should ask for the costs of the application to be paid by the defendants.

[WhiteVanMan5]

Test (I've tried posting multiple times and it keeps failing)

[WhiteVanMan5]

Here's my N244 draft if I have no further correspondence (I'll do it over 3 posts, see if that makes it easier to post):

[WhiteVanMan5]

[WhiteVanMan5]

It's the "cover note" that's causing me posting problems, even with all formatting removed. I'll try it bit by bit.......

Application by the Claimant for Further Directions (Expert Evidence)

Please find attached a completed Form N244 Application Notice, submitted by the Claimant (a Litigant in Person) in strict compliance with the mandatory deadline set out in Paragraph 8.2 of the Court Order dated 5 June 2026.

As the Defendants have entirely failed to engage or provide a first draft of the expert instructions as ordered, the Claimant has been forced to bring this application unilaterally to protect his procedural position.

The Claimant highlights the following administrative arrangements to the listings team:

[WhiteVanMan5]

1. Request for an In-Person Hearing

As indicated in Question 5 of the application, the Claimant respectfully requests that this application be listed for a brief, 30-minute in-person hearing at the County Court at Lewes. The Claimant is local to the Lewes area and believes an oral hearing is necessary to resolve the progression of this claim.

2. Claimant’s Availability (Next 6 Weeks)

Pursuant to the N244 guidance notes, the Claimant confirms he has no unavailable dates over the next 6 weeks. As a self-employed commercial courier, the Claimant can flexibly arrange his driving commitments and is available to attend Lewes County Court at any short notice the Court requires.

3. Payment of the Application Fee

The Claimant is fully prepared to satisfy the application fee immediately to ensure the application is issued today. As the Claimant is currently working away from home on the road, please contact me immediately on *********** so that I can provide debit card details over the telephone, or alternatively, please reply with a secure digital payment link.

4. Concurrent Service on the Defendants

Please note that the First Defendant and the Part 20 Defendant have been served with a copy of this application and all supporting documents concurrently via the CC field of this email.

[WhiteVanMan5]

This is the bit I couldn't post as text.

Any changes you would recommend?

[Frank1]

This is not what I would have written.
Your priority is an order for the court to direct that your engineer is appointed the SJE. If the court declines this then in the alternative the court grants you permission to rely on your engineee's report in court
My advice is to attach both a witness statement and evidence.
Start with the dates the defendant asked you to obtain an engineer's report. Refer to the email and exhibit it as evidence. Continue with your statement in chronological order, consecutively numbered paragraphs, exhibiting relevant emails and the reports.
Provide the good reasons why your engineer is best suited as you wrote in your email to the defendants.
Include your engineer's email confirming his willingness and availability to be appointed as the SJE.
Make sure to include your email giving the defendants until 12 June to forward their proposals and state they have failed to respond.
Don't forget to end with a signed statement of truth.
If the defendants oppose your application then 30 minutes won't be enough time At least one hour, possibly two.

[Frank1]

My advice is not to go on about the second defendants failings in court procedure in your application. You should concentrate in ensuring your application is successful.

[WhiteVanMan5]

I'll get on it

[Frank1]

If you haven't already mentioned it, you should include brief details of the Bulic case as legal precedence in support of your application for an alternative order for permission to rely on your engineer's report.

[Frank1]

Bulic was upset with the SJE that the defendant had appointed. The court refused permission to rely on his engineer's report so he appealed successfully.

[Frank1]

You may want to include in your WS the date and short details of your phone conversation with your engineer about potential fishing by the second defendant State how you felt when you were told this had happened.

[WhiteVanMan5]

Is this better? As an aside - I'd be very surprised if I don't hear anything at all from the defendants solicitors by the deadline on Wednesday.

[Frank1]

Yes that's much improved.
You could separate "Alternatively..... " in item 5 and make it clearer that this is an alternative order if the court declines to order the appointment of Mr xxxx as the single joint expert. You will need to make this paragraph number 6.

Do you intend to include the reports and emails referred to as exhibited evidence? If so you should make that clear and cross reference them.

If you do receive an email from the defendant proposing experts in the next couple of days, you could add this to your WS at the end stating you have been left insufficient time to assess the experts.

Don't forget a signed statement of truth.