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Jamie-Law
Jamie-Law, Solicitor
Category: Law
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Experience:  Solicitor
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I am defending a money claim against me and have to return

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Hello I am defending a money claim against me and have to return form N180. I'm not sure what to enter in box D2 Expert Evidence. The claimant is saying that work I had done to my house has caused damage to her home and has cited that she is presenting a 'shadow surveyors report' cost £1800?? I have a surveyors letter of of opinion on whether this claim is likely/ plausible. Should I enter the details of that letter in this box
JA: Where are you? It matters because laws vary by location.
Customer: london
JA: What steps have you taken so far?
Customer: I am completing form N180
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Yes, its expert evidence if you want to rely on a survey.

Its expert evidence.

So yes, you will need to tick yes.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 2 day ago.
It's not an actual survey as he was not given access to the neighbour's property to inspect damage. He looked at the photos that were emailed to me, gave his opinion of the likelihood that the damage shown was caused by my building work as opposed to any other likely factors. So more an expert opinion that survey?

Yes, it would be a proper survey.

That would be expert evidence.

Does that clarify?

Customer: replied 2 day ago.
Sorry to be clear - his letter of opinion is considered a survey? Also, the form N180 says I should state WHY? ie why I am asking the court's permission to use the written evidence of an expert. Why should I say? thanks so much for helping me with this

Yes, its expert evidence, but not a survey.

Why - because unless he is going to attend Court, then its expert evidence.

Its not lay witness evidence.

Does that assist?

Customer: replied 2 day ago.
He is going to attend court

Ok, then he is a witness.

You can tick no

Does that clarify?

Customer: replied 2 day ago.
So can't do both? submit his letter and have him in court?

Yes, he can submit it as a witness statement and attend Court.

Does that clarify?

Customer: replied 2 day ago.
So if I do that what is the correct way to answer to the WHY question?

You tick no.
You then dont need to say why

Does that assist?

Customer: replied 2 day ago.
Sorry I'm confused. If I am submitting the letter as a witness statement and he is also attending court I am ticking YES aren't I? So will need to say Why?
Customer: replied 2 day ago.
hello Jamie are you still there
Customer: replied 2 day ago.
Please help, I am not clear. If I am submitting the letter as a witness statement and he is also attending court do I tick No or Yes. If I am ticking YES I will need to say Why?

You do not tick anything for expert evidence.

Leave it blank

Does that clarify?

Customer: replied 2 day ago.
But I thought I wanted the letter/report submitted plus have him there to speak?

No. If he is coming to Court he gives a witness statement.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 2 day ago.
Ok yes now it’s clear. Thank you