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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Re Single Joint Expert in a boundary dispute. I had

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Re Single Joint Expert in a boundary dispute. Dear Sir I am the Claimant. I had to disinstruct the previous"expert"  .He stated that he would prefer to deal with only part of the claim and not all of it. This was contrary to what he had stated previously. I was concerned about impartiality of the expert due to this .The defendants solicitor had frequent communication with the expert without sharing this information with me. their offices being in close vicinity. I was planning to file an application notice for further directions . The defendants solicitor stated this was not necessary. A couple of weeks later(1st week of January?) they stated that they have made an application notice for further directions(discreetly). Their letter to me states they will recover their fees  from me. To date they have refused to send me a copy of this application notice or confirm if they have indeed made one. Am I correct to disinstruct an expert if he is unable to deal with the whole claim as per the court order? Is the other side required to send me a copy of the application notice as this will require a hearing(and a reply from me).

Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Was this expert jointly instructed?
Alex
Customer: replied 1 year ago.

Yes. The instructions were sent separately as the defendants would not agree to full determination of boundary and other issues relevant to the claim . They claimed that the directions order was not clear and their client only wanted to know the boundary between the properties but not the pond(large part of the boundary is submerged under their pond

Expert:  Ash replied 1 year ago.
Did they say why they didnt copy you into correspondence?
Alex
Customer: replied 1 year ago.

No. There were delays at every step and the expert could not be instructed by the date he should have been. my letter to the court and the Defendants solicitor on 21 Dec 2015


Dear Sir or Madam I am the Claimant.


I refer to Notice of allocation to the Fast Track and Court order dated 02October2015.


There have been unexpected delays due to having to convince the defendants to follow the court order.


The expert proposed by the Defendants Solicitor has recently confirmed that he is only able to deal with determination of the boundary(but not with damage caused due to the pond or the cost of rectifying this damage which are part of this claim which is merged). Therefore a suitably qualified new single joint expert will need to be instructed.


I have spoken to 2 chartered land surveyors who can both help but are busy until Feb 2016 due to holidays.


I would be grateful if a stay until 28 February 2016 is allowed to appoint a single joint expert who is suitably qualified to deal with this claim without duplication of work and to save costs.


I am will be forwarding this email to the Defendants solicitor and filing an application notice for further directions if necessary as they have stated that the directions are unclear.


Yours sincerely


Expert:  Ash replied 1 year ago.
What is the basis of D's application?
Alex
Customer: replied 1 year ago.

I do not know, they haven't sent me a copy but have quoted -we have made an application to the court for further directions due to your attitude?I presume they mean because of me suggesting a different more suitable expert

Expert:  Ash replied 1 year ago.
Have the court not sent you a copy?
Alex
Customer: replied 1 year ago.

No , it is almost 3 weeks since their email so I have asked the court late last week if such an application has been submitted by the D's. D's have failed to confirm or send me a copy despite my request

Customer: replied 1 year ago.

Can I go ahead and make a fresh application notice as I was planning, for further directions to agree on an expert and new dates by which the expert should have carried out a survey or provided his report etc. D's either do not reply or disagree with almost everythin. Determination of boundary by an expert as per court order so that I can fence my boundary

Expert:  Ash replied 1 year ago.
Yes you can make an application notice, but it should also be served on D as well.
So you can explain in a statement why you want to de-instruct and that either:
1) A new joint expert is instructed
2) C is permitted to rely on own expert
Does that help?
Alex
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