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!
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.
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
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.
Jasandjules said:
Willhire89 said:
Yep - nothing found (and no company numbers quoted) except an old directorship of the local social club. Same with the relatives.
On the claim I just put XXXX Motorsport as on their letters - I imagine that is what the judge wants to clear up.
It would be more accurate (given what you have said but subject to another other information of course) to put Mr XX Trading As XXX Motorsport...On the claim I just put XXXX Motorsport as on their letters - I imagine that is what the judge wants to clear up.
twokcc said:
Willhire89 said:
Incidentally - there's nothing for an impartial expert to review except pictures we took before I returned it as the original head is now 'lost'
So they LOST your cylinder head, so if you don't win the case wouldn't they have to either return the head or reimburse you to get a replacement?Unless lost in post!!!!
Update
Hearing today and the other party were a no show - just myself and Judge
Seems they had advised the court ahead of time that they were unwilling to make the trip and insisting that the case was moved to their local magistrates court. He was unimpressed and has directed that they attend the next hearing and made comment that they clearly did not understand the difference between mags and county court. Case remaining here.
Meantime the court has established that the company are a partnership not limited or sole.
Judge had read papers ahead of time but admitted he would not know a spark plug if he saw one and most of the detail had little meaning to him - he was unimpressed at the five sides of A4 that had been filed in defense - it is a ramble.
Happy to accept my two experts reports but wants them signed. 14 days to provide.
The prepper who put the head on and was there when it let go is a witness of fact and he will appear in person rather than report. Cost to be determined - 14 days to provide.
Judge unimpressed that the cylinder head is not in my possession as it is my property.
Judge unimpressed that all their paperwork is headed 'without prejudice' and is thus not on file which if he read it would explain why I don't have the head.
No mention by him of the arbitration system at all but using the feedback from here I suggested the court appoint a third party assessor which he was happy with and requested a suggestion which I gave and he then asked me to call them to get cost/ timescale / credentials for the role. 14 days to provide. Absolutely no idea if the other side will agree to the proposal - they are the market leader for competition product for the brand.
Summary - relaxed, no hassle and I'm comfortable with where this headed.
Hearing today and the other party were a no show - just myself and Judge
Seems they had advised the court ahead of time that they were unwilling to make the trip and insisting that the case was moved to their local magistrates court. He was unimpressed and has directed that they attend the next hearing and made comment that they clearly did not understand the difference between mags and county court. Case remaining here.
Meantime the court has established that the company are a partnership not limited or sole.
Judge had read papers ahead of time but admitted he would not know a spark plug if he saw one and most of the detail had little meaning to him - he was unimpressed at the five sides of A4 that had been filed in defense - it is a ramble.
Happy to accept my two experts reports but wants them signed. 14 days to provide.
The prepper who put the head on and was there when it let go is a witness of fact and he will appear in person rather than report. Cost to be determined - 14 days to provide.
Judge unimpressed that the cylinder head is not in my possession as it is my property.
Judge unimpressed that all their paperwork is headed 'without prejudice' and is thus not on file which if he read it would explain why I don't have the head.
No mention by him of the arbitration system at all but using the feedback from here I suggested the court appoint a third party assessor which he was happy with and requested a suggestion which I gave and he then asked me to call them to get cost/ timescale / credentials for the role. 14 days to provide. Absolutely no idea if the other side will agree to the proposal - they are the market leader for competition product for the brand.
Summary - relaxed, no hassle and I'm comfortable with where this headed.
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