Going to court - interim hearing - prep?
Discussion
I have court date next month for an interim hearing.
I had a new cylinder head built by a marques specialist for my race car which seized an exhaust valve on its first run on the rolling road and wrecked my engine.
The head was stripped and the cause of the failure isolated to an engineering fault.
I have three reports - from the motorsport prepper who put the head on and was on the rollers, another from a highly respected engine builder and lastly one from a metallurgist.
Who needs to go to the interim hearing (just me?) and what will I need to prepare for?
I now find that the ‘marque specialist’ are well versed in this process….
I had a new cylinder head built by a marques specialist for my race car which seized an exhaust valve on its first run on the rolling road and wrecked my engine.
The head was stripped and the cause of the failure isolated to an engineering fault.
I have three reports - from the motorsport prepper who put the head on and was on the rollers, another from a highly respected engine builder and lastly one from a metallurgist.
Who needs to go to the interim hearing (just me?) and what will I need to prepare for?
I now find that the ‘marque specialist’ are well versed in this process….
The preliminary hearing is to consider:
(i) whether particulars of the claim should be amended (copy on court file incomplete)
(ii) whether the defendant is an individual/partnership or limited company
(iii) what expert evidence, if any, is required
(iv) whether the case is suitable for allocation to the small claims track or should be allocated to another track.
Spoke by email to my solicitor this morning who responded:
In virtually all such cases, no legal fees are recoverable win or lose. There's no need for representation at either interim or final hearing. Good luck!
(i) whether particulars of the claim should be amended (copy on court file incomplete)
(ii) whether the defendant is an individual/partnership or limited company
(iii) what expert evidence, if any, is required
(iv) whether the case is suitable for allocation to the small claims track or should be allocated to another track.
Spoke by email to my solicitor this morning who responded:
In virtually all such cases, no legal fees are recoverable win or lose. There's no need for representation at either interim or final hearing. Good luck!
You should go along alone, or with your solicitor if you have one.
Experts are not normally allowed in Small Claims, but there are exceptions to that when you have particularly technical issues, such as in this case I suspect.
I would have thought the Court will try and steer both parties down the "joint expert" route to save costs; i.e. you both have to use the same expert who will (supposedly) provide an impartial report to assist the Court. Try and avoid this at all costs, particularly as you already have your own "experts" in place and who seem to have provided favourable evidence.
I warn you that failing to agree to arbitration or mediation may not look favourable to the Court. They like the parties to try and come to an amicable agreement rather than waste Court time and resources with hearings.
Experts are not normally allowed in Small Claims, but there are exceptions to that when you have particularly technical issues, such as in this case I suspect.
I would have thought the Court will try and steer both parties down the "joint expert" route to save costs; i.e. you both have to use the same expert who will (supposedly) provide an impartial report to assist the Court. Try and avoid this at all costs, particularly as you already have your own "experts" in place and who seem to have provided favourable evidence.
I warn you that failing to agree to arbitration or mediation may not look favourable to the Court. They like the parties to try and come to an amicable agreement rather than waste Court time and resources with hearings.
There's no negotiating with this company - they have my money and after they requested to inspect the cylinder head they then said (in writing) that they will not release it unless I agree to drop any case against them.
On top of the cost of the head there's also the cost of sorting out the resulting piston/valve interface issue.
I have nothing to lose by claiming since I currently have nothing.
On top of the cost of the head there's also the cost of sorting out the resulting piston/valve interface issue.
I have nothing to lose by claiming since I currently have nothing.
7db said:
snorky782 said:
Who is Claimant and who Defendant here? It's not clear, but the fact you've transferred the case to your court suggests you're Defendant
Where C is a person and D is a company, typically it's C's home court.Willhire89 said:
The preliminary hearing is to consider:
(i) whether particulars of the claim should be amended (copy on court file incomplete)
(ii) whether the defendant is an individual/partnership or limited company
(iii) what expert evidence, if any, is required
(iv) whether the case is suitable for allocation to the small claims track or should be allocated to another track.
Spoke by email to my solicitor this morning who responded:
In virtually all such cases, no legal fees are recoverable win or lose. There's no need for representation at either interim or final hearing. Good luck!
Ok so you want to take along spare copies of the claim form. Check it was all completed correctly.(i) whether particulars of the claim should be amended (copy on court file incomplete)
(ii) whether the defendant is an individual/partnership or limited company
(iii) what expert evidence, if any, is required
(iv) whether the case is suitable for allocation to the small claims track or should be allocated to another track.
Spoke by email to my solicitor this morning who responded:
In virtually all such cases, no legal fees are recoverable win or lose. There's no need for representation at either interim or final hearing. Good luck!
Do you know if the person you are suing is a LTD company?
You know what expert evidence you want.....
If a simple(ish) case sub 15k value then you would want it small claims IMHO. That means it is also less formal and fewer costs risks..
They trade and send letters as XXXX Motorsport and I can find no details of any Limited Company in that person's name.
I have three reports - one from a metallurgist about stainless steel and it's interaction with cast iron and a rolling contact fatigue failures, another from an engine builder who states they should not have used std valve guides in a race head or at those tolerances with those valves and a report from my prepper who put it on and took it off.
This case mirrors one I found on the web they went through some years back - in that case the owners were cited as two women of the same surname, they would not allow expert reports, claimed the guy had done something wrong etc etc - that case they lost and it cost them £4805.95
I have three reports - one from a metallurgist about stainless steel and it's interaction with cast iron and a rolling contact fatigue failures, another from an engine builder who states they should not have used std valve guides in a race head or at those tolerances with those valves and a report from my prepper who put it on and took it off.
This case mirrors one I found on the web they went through some years back - in that case the owners were cited as two women of the same surname, they would not allow expert reports, claimed the guy had done something wrong etc etc - that case they lost and it cost them £4805.95
Willhire89 said:
They trade and send letters as XXXX Motorsport and I can find no details of any Limited Company in that person's name.
Look on Companies House for the company. Also the letter head should state a registered address/company number etc if Ltd company.If not, then as above, you are suing the owner personally.
Jasandjules said:
Willhire89 said:
They trade and send letters as XXXX Motorsport and I can find no details of any Limited Company in that person's name.
Look on Companies House for the company. Also the letter head should state a registered address/company number etc if Ltd company.If not, then as above, you are suing the owner personally.
On the claim I just put XXXX Motorsport as on their letters - I imagine that is what the judge wants to clear up.
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