the builder denies this was discussed
For the statement of issues it refers to CPR31.5 and CR35.4
The Defendants have indicated they do not wish to consider mediation without an expert report and after case management conference only.
However the issues to decide if the work was incomplete and if I have been invoiced excessively don't really need and expert report.
I was planning to ask the court to limit the expert evidence (if allowed).
I didn't have the time to wait until builder signed the contract on this occasion hence this situation.
As the matter is complex perhaps I can discuss sometime next week before the case management conference.
Q . Can the judge be persuaded to restrict the costs of the defendants and order mediation or do they need to agree to mediation.
I am concerned that the builder will claim he does not enough funds if the judgement is issued in my favour and I would have wasted my monies as has happened once before.
thank you excellent