In March 2006 I was knocked over skiing in Austria, by an Austrian national. He was successfully prosecuted for this by the police. The civil case for damages and costs has only just finished and has not gone in my favour - some damages were paid but I have received very little in costs and have had to pay the other sides costs on the appeal. I have been refused any further right to appeal. Much of the problem has been due to incorrect information by a medical expert appointed by the Austrian Courts - this medical expert is German and based in Germany. My lawyer appealed against the original decision on the grounds that this medical expert was incorrect but the appeal Judge took the attitude that since the medical expert had stated certain dates (even though we have hard evidence that this was incorrect) these must be correct! I know that I can take action under UK law against an expert witness, but can I do so in this case (ie overseas) and in England? I am around £200,000 out of pocket so must take some action - I have tried to get some proper response from this expert but he will not admit that he is wrong. All documents are in German and to translate all of these would be incredibly expensive. My Austrian lawyer will not help me further.
I have lasting health and pain problems as a result of this accident and all medical reports agree that I had no such problems prior to this accident. I am now 70 years of age and have lost much of my life savings.
Thank you for your response - What I need to know is if I can sue this German medical expert (appointed by the Court in Austria) in the English Courts - I know that it is possible to sue an expert witness under English law but do not know if this is possible under the circumstances that I have described - ie cross borders (but all in the EU)
Thanks for your attention
Thank you - What would be the 'issue about jurisdiction?
To clarify my position - the Austrian Court based their findings on what this German expert witness (who they had appointed) said and the Austrian Court refused to look at it on appeal because they relied on the expert to be correct!
I have been refused right of appeal in Austria so must at this point look to other methods to recover the amounts owed to me (mainly costs etc) and which result from the incorrect facts given by this expert witness.
I am the injured party and am resident and domiciled in England - this is where my losses are - from my savings and so on and the lasting pain is also in this country --
If I can get past that, then presumably I will need a lawyer - and presumably one that can understand the legal documents (in German) - do you know of any such?
sorry - but why should that be an issue - I thought that one is now allowed to sue in one's own country - why should this be against me now - I was told with the Austrian case that I had to sue in that country as the date March 2006) was prior to being able to sue in one's own country -- sorry to be such an idiot in not understanding this
yes but it seems to put the entire onus onto the victim again - - I have already been victimized by having the original case heard in Austria in the German language - this expert has not told the truth in either his statement, nor in Court so I consider this criminal --
but can I take criminal proceedings against him for not telling the truth -
I am desperate and 70 and can take no more injustice - so so sorry to be such a pain
so here come the police!
I see that you replied to my 'here come the police' but can see no reply - please will you post this reply again - clearly a system failure somewhere - meanwhile you have been most helpful - maybe the foreign office will not appreciate this but I do - thank you - just need to know if I should contact the police through the 'police' or through the foreign office - and obviously to see your reply as previous - thanks
thank you - yes -