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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In March 2006 I was knocked over skiing in Austria, by an

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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 contacting
It was brought to our attention that you asked a legal question about Austria, where we do not have active professionals. As much as we would like to assist you, we have to be honest and say that the best we can do is maybe to provide a legal Internet researcher who might be able to find your answer. We realize that option is not ideal, and we always want to provide our customers with the best possible answer.
At this time, we'd like to give you the option of leaving your question open. Keep in mind that you're never obliged to accept an answer that you're not satisfied with, and you can try it out before you accept. Or, we can close your question page for you, if you prefer.
Please let me know how you’d like to proceed,
Customer: replied 3 years ago.

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


Customer: replied 3 years ago.
Relist: Incomplete answer.
please answer my question - I believe that this is UK law - not Austrian - please refer to my reply to 'Nicola-moderator' query/comments - thank you.
Hello my name is ***** ***** I will help you with this.
Yes you can sue the expert in the UK Courts if you wish. You can sue anyone in any EU state. There may be an issue about jurisdiction, but you can certainly sue and issue proceedings.
Can I clarify anything for you about this today please?
Customer: replied 3 years ago.

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?

Thank you

Yes you could sue in the UK but the expert MAY have to be sued in their own country.
That is the potential jurisdiction issue.
Customer: replied 3 years ago.

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 you can sue, but it may be transferred to the defendants own country. Imagine if it was the other way around, you would not want to have to travel abroad to defend a claim.
Remember this is civil not criminal. Usually it is transferred to the defendants home court, that is the usual court rule.
Does that clarify?
Customer: replied 3 years ago.

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 --

I agree. But sadly it is the legal answer. You should see the rules at:
Rule 26.2
I am sorry.
Customer: replied 3 years ago.

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

You can't no.
Only the Police can. I am sorry.
Customer: replied 3 years ago.

so here come the police!

If this answers your question could I invite you rate my answer before you leave today.
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Please bookmark my profile if you wish for future help:
Customer: replied 3 years ago.

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

Yes you can report it to the Police.
Report it locally and they can take it from there.
Does that help?
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 3 years ago.

thank you - yes -