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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).
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
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
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
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
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