Hello my name is ***** ***** I will help you with this.
You can make an application for your own expert and simple say you can't agree between you on a single joint expert or the questions
There is nothing stopping you getting your own expert, however in order to rely on their report you need the courts permission for that
You can apply to the Judge for your own expert, that option is available or just get your own report, see what it says and then apply for permission
The Judge wont set the questions but give an idea of what they ned to address
The expert will generally need to see what both sides are saying, then he/she will come to a view. So there is nothing wrong in the defence wanting to show the expert what they say
If the Judge sees you cant agreeing then the options are:
1) Guide D Solicitor and say what he thinks is appropriate
2) Give directions as to what the Court will want to know from the expert
3) Give you permission for your own expert
Can I clarify anything for you about this today please?
thank you I dont know what you mean by guide D solictor
thanks i do not know what you mean by guide d solictor . What do you mean by no 2 . If i get my own expert ,will have to stay with the joint one as well as judge ordered that. This is a bad senario costs wise. whay cant judge set .
why cant judge set the questions. the expert said he just needs wants the pleadings of the case. the jct contract . corresspondance on variations as its a case of qauntifying time and money . exactly how the build was left on a certain date .everything else is a case of law to prove in trail. the instrustions needs to be percise and follow this .if we enter all the arguements the expert fee will raise condiserably .that i thought is where mediation comes in.when we get to medaition stage or trail as it seems we cant agree on anything should i bring a solicrtor or barrister with me , as ligant in person can i appoint my own barrister with out a solictor representation. can you help me with these questions please.
The Judge say can to D Sols this is the area or areas the Court will need help with
You can order your own report, there is nothing stopping you
But to rely on it then you need to get permission
Yes you can appoint your own Barrister without a Solicitor - its called Public Access
Does that help?
under what cpr can i apply for my expert .. exact ref please . i still do not understand what you are re the judge say can to D sols -- what does that mean in english ...
Its not CPR.
There is no Court rule that says you need permission for your expert
The court simply can't stop you
Its only where you want to rely on it in Court proceedings you need Courts permission under Pt35
well what words should i use in the application .the otherside have to inform judge that we cant agree .then there will a case mnagement hearing should i wait for that before i apply on own .It is better that the judge sets the directions . he is already cross that a simple case is in front of him
No, well you have 2 choices
1) Get your own report and apply for permission later
2) Apply for permission now
If you want to do 1) you dont need to make an application
If you want to do 2) you can either wait until the next CMC or apply now for permission
Can I clarify anything else for you?
which is the better option . i would rather not have to pay for another application. Sorry also still dont know what you mean by D sols ??
Wait for the CMC then
D Sols, mean the counterclaim Sols, they are Part 20 Defendant
So habit to refer as D Sols
The other side Sols - perhaps I should word it like that
I am the the defendant and counterclaim. the opposition is the claiment and part 20 defendant. so i am unsure of what you are advising . the builder brought claim against me .
Yes I understand.
The builder is the Claimant
You are Defendant
Give directions as to what the Court will want to know from the expert - sorry still dont know what you mean by this . i have done this but opposition disputes it.
You are the part 20 counter claim claimant
The builder is the part 20 counterclaim Defendant
Give directions as to what will happen next
If you dont want to make an application for permission to rely on an expert wait for the next CMC
If permission is not dealt with here make an application
The Court wont give directions as to what the expert should answer, but may give an indication to both parties as to what matters need to be addressed
Does that clarify for you?
sorry to be slow on this .so i am clear
Just and I am more than willing to make sure it is clear
best to wait for cmc.judge will say what he wants from the expert... he may say that but it does not help us in agreeing a single instrustion and content of disclosure to expert.i am in my right to say i disagree with their instristion and look to the court for futher directions ,be that getting my own or accepting the judges direction.the basis i would object to their instrusctions , irrevelant to pleadings, but extra cost in reports and contain untruths . can i say all that at the cmc and to the oppo sol. thank you
are you sure i am not in breach of court directions by taking that action and informing the oppo lawyer of the the above.
i will be wording it similar to that above.
Yes, because you cant agree on a single expert
You can't agree between you on an expert or a single set of instructions
thank you i think that is all for now -- maybe if i think of more we continue this trad .i am very nervous about the whole thing as has thried an application to have my case struck off because i was late i hour in an disclosure document.
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hello again. i understand what you siad above but i have come across disturbing correspondence between the opp sols and her client, the builder who messed up my new build . it seems like they contrived to have me try and breach the JCT building contrcat ( i can prove that i didnt as i good reason to with hold pay.
what i am unsure of is that this course of action shows they never intented to mediate after ligation and the mal intent was that the builder would get off the hook of finishing the build by thinking he could legally terminate premeaturally. I am shocked by this . my question to you is should i inform her that i have this proof pret rail - AS WE ARE ABOUT TO EMBARK on experts instruction which i have decided i am going to say that we cant agree and await court directions as you suggestion . I am afraid- would it prevent me showing it at trail, somethinh to do with contempt of court by publishing before trail-- or something like that wd that apply to me.
what should i do with this infromation . i have proff of their emails which they emclosed as part of thier disclosure. i want to cite this as one of the reasons that i dont trust her instructions and i want to tell judge as its clear my builder orchestrated the situation so that he could flee site ..
expert for correspondance found ..... " ... it would still achieve your intended outcome that the contract is terminated due to her breach , therefore to warn her would be counterproductive. "
his brither is lawyer and i have their correspondance ... tie down a deadline ( although we discussed on phone - maybe it best not to draw not to draw your clients attention to the actual deadline , in the hope she wont meet it ............ pin dow dates that will tigger termination. have a clear roadmap of when the deadline are and if/when you can legitimately walk off site and call all your sub-contractors off thier revelvant jobs ....
what should i do with this information -- should i write to her , or judge or say it at the CMC meeting .. I understand the judge at CMC .. oe keep it for trail ...
i understand the judge at CMC will be different from trail Judge.
i think the above reason is enough reason to seek an independance expert ...
Yes I would agree with you.
sorry you have not answered the question re this behaviour -- should i tell judge -- what should i do.
it is improper surely . can i make a meal of this . can i apply to thier claim struck off
Yes you can tell the Judge, or complain to the SRA but their claim wont be struck out because of it, only where there is no claim
Does that clarify?
how do mean ..... only where there is a no claim. they have a claim and i have a countercalim . is what they did wrong and why, what law does it break.
surely i can do better with this -- both she and the builder set this up.... there has to be some gain i can get from that knowledge.
also should let them know it or keep it for trail . what is there to be gained by that
he shows as intent to run away from his responsibilities -- that must make my case all the more stronger
i am sorry again i dont understand.this line can you clarify Yes but this is an argument on costs, ie conduct of them when you win,
so you are saying the fact that they deliberatlely tried to set up abreach has no bearing on the case.
will the judge take a view point on it.
right if i understand so could or will penalise them finacailly for that behaviour if i win .
but its very useful as character witness and an example that he was trying to flee the site because he had no hope of completing job under contract time
finally should i let them know i know this information .... what are advantages and gains of waiting till trail.
does that happena the trail. why should i not raise it at case managemnet
but you have to put costs in pretrail
i dont understand why i should keep cards tight-- if i win -- it will mean i get costs anyway not extra ones beacuse of this behaviour .
is it not better to let judge know at trail in cross examination.
i understand because they have time to prepre an arguement against it --is that it
will i be awarded more
ok thank you . if we go tp mediation -- to can i use it to the same effcet.
what damage will ido if i let them know now. that is my last question thank you .
because -- what damage would it do ...who wd it jeporadise my case
confused -- you agreed it showed builder in bad light... that weakens thier case.
thank you for your help Good night .