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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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After taking advice from trading standards and obtaining the

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After taking advice from trading standards and obtaining the evidence they asked me to gather, I have recently taken a company to court after they supplied me with a faulty engine.
JA: Where are you? It matters because laws vary by location.
Customer: in the hearing the judge dismissed my case stating I did not have enough evidence that the engine was faulty. I have since spoken to trading standards again and they have advised I appeal the judgment.
JA: What steps have you taken so far?
Customer: do ŷou think I should appeal and possible go through a solicitor
JA: Anything else you want the Lawyer to know before I connect you?
Customer: somerset
Customer: replied 10 days ago.
Evidence of problem with the engine

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

There are a couple of issues here. The first is that Trading Standards advises on consumer rights - you do have a case but it sounds like there was not enough evidence to prove the case at court (on the balance of probabilities). You can appeal but you have limited time (14 days) to do so - and the appeal has to be on the basis the judge was wrong to make their decision. I do not think they were. So your best option is to issue a fresh claim this time with a report which gets over the evidential burden a civil claim requires. You could use a solicitor but they will charge you and it may be expensive to do this. Ideally you want a report from an expert witness engineer, who can provide a report which complies with Part 35 of the Civil Procedure Rules (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35).

You do have up to 6 years from the date of breach of contract to issue a claim so you have time. An example of a company who can do an expert report for you is this one: https://www.laird-assessors.com).

I hope this helps – if you can please rate the answer by clicking the 5 stars (the top of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Customer: replied 10 days ago.
The report I admitted was from a Ford manufacturer. Was there more I could of done, trading standards assured me this was the best evidence I could obtain.

Trading Standards aren't staffed by litigation lawyers though. The judge didn't think the report you had established a breach of contract. My advice would be to obtain a report from an expert witness and re-issue the claim. You could appeal but you need to ask for permission to appeal with form N161 (or N164 for a small claim). If permission is granted you then need a copy of the hearing transcript. It doesn't sound like the judge was wrong on a point of law or wrong on a procedural matter so as I say the best way forwards would be to obtain a report from an independent expert witness (there are several in the UK) and issue a fresh claim against the Defendant.

Customer: replied 10 days ago.
Thanks for your help, I will now act on your advise and obtain a independent report. Thanks again Ian

Thanks and I realise it's a hassle but judges need that report to ensure the evidence is there. Some expert witnesses can defer the fee too (the fee is recoverable from the other side if you win the case too).

Please let me know if any of what I have said requires clarification. I am happy to help. In the meantime if you could either leave a rating and click “submit”, or confirm that I have answered your question for you, I would be very grateful.

Have a good evening.

Jim


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Customer: replied 10 days ago.
Could you in layman terms explain how an independent report would differ from what I obtained, sorry just not sure what the difference would be, I’m sure there is but struggling to understand this.