Need an expert witness

[the pips]

I don't want to go into too much detail but I'm suing the company that did remedial work on my engines and sterndrives. There's a very full report with all of the details, emails and photos but I'd like an expert witness to read it and write an endorsement of the findings.
Does anyone know of a surveyor or Volvo engineers that would be willing to consider such a job?

[Panamax]

I'm not sure where that's going to take you because the report is the report and anything else seems destined to be conjecture. Does the report not have an "executive summary" or "conclusions"? If not, I'd start by kicking the author on the shins and telling them to write one.

On the other hand if the report isn't suitable for use as evidence in court you'll need to get another report written which is suitable. I don't think you'll be able to present someone's opinion of an unsuitable report as being solid evidence.

In what country is all of this taking place? I have a friend who had very similar sounding issues with a boat in Spain but it got sorted out before litigation.

[The ArtfulBodger]

I know someone who works for Volvo Penta in the UK; there is absolutely no way he would want to get involved in someone else’s fight for almost bugger all gain!

[paintman]

Sounds very much like whoever wrote the report you have isn't what could be regarded as an 'expert witness'.
Which would make it worthless other than perhaps as a chronological report of the sequence of events.
An expert will want to write their own report after carrying out their own examination.

[the pips]

You're quite right, it wasn't an expert that produced the report. I wrote it to pursue the matter in the small claims court. I've been told that getting an expert witness to review it and recommend any changes would be sensible. A letter saying that they'd reviewed it and found the conclusions plausible would be great.

[darreni]

the pips said:

You're quite right, it wasn't an expert that produced the report. I wrote it to pursue the matter in the small claims court. I've been told that getting an expert witness to review it and recommend any changes would be sensible. A letter saying that they'd reviewed it and found the conclusions plausible would be great.

An expert witness will need to produce their own report & conclusions, not rely on your own view of matters.

[bucksmanuk]

Engineers, in general, tend not to get involved in this kind of thing – I’ve been asked to do it in the past. There’s a bit of “There but for the grace of God go I”
As above, just because you are paying for an expert witness, doesn’t mean they will find in your “favour”.
What do you want the expert witness to actually do?
To be ruthless, how much do you think it’s going to cost you to get an expert witness?

[chippy348]

I have used this guy before

He is very good !

http://www.transnet-southeast.co.uk/witness.html

https://www.linkedin.com/in/douglas-wragg-6740a72a...

[Ian-27xza]

Go to ybw.com

Look for volvopaul

[SydneyBridge]

I have used these before, very good but at a cost

https://www.burgoynes.com/expertise/marine

[MM]

Ricardo do this sort of thing. I believe if your going to use it in Court at all, you should go with a report that is CPR 35 compliant to begin with.

[the pips]

Thanks for all the input guys but I've got it sorted now. I've found a boat surveyor that's agreed to review the report and supply a written opinion. The phrase he used was Balance of Probabilities. Apparently we don't need to prove beyond reasonable doubt only that my report provides at least a preponderance of the evidence. Given that we've got before and after photos he thinks we've got a very good chance of success.

[CCCS]

Have you had legal advice that this report will be admissible in court?

I took a customer to the Small Claims court about a decade ago. Prior to the hearing an expert witness contacted me and told me he’d been appointed by my customer. We discussed the work we’d done (he agreed the customer should pay 90% of our claim) and said he didn’t think the court would consider the report.

At the hearing the judge said an expert witness had to be agreed by both sides and be appointed by the court.

We won, but if we’d lost we wouldn’t have had to pay the other sides costs for the expert witness as they’d appointed their own.

[anonymous-user]

the pips said:

Thanks for all the input guys but I've got it sorted now. I've found a boat surveyor that's agreed to review the report and supply a written opinion. The phrase he used was Balance of Probabilities. Apparently we don't need to prove beyond reasonable doubt only that my report provides at least a preponderance of the evidence. Given that we've got before and after photos he thinks we've got a very good chance of success.

Whoever is advising you that this is the correct path is wrong.

An expert’s report that is to be used in court (a) is their independent opinion based upon their examination of the primary evidence, (b) is not admissible in court without the court giving permission - to both sides - to adduce expert evidence, has to comply to particular requirements set out in the Civil Procedure Rules.

Your report sounds as if it is a mix of primary evidence (the things you have examined) and your opinion (which is not admissible as it is non expert opinion). Your surveyor can’t legitimise your inadmissible and non-independent opinion evidence by saying “yeah, looks about right to me”. He has to conduct his own examination and form his own independent opinions.

[The ArtfulBodger]

BlackWidow13 said:

Whoever is advising you that this is the correct path is wrong.

An expert’s report that is to be used in court (a) is their independent opinion based upon their examination of the primary evidence, (b) is not admissible in court without the court giving permission - to both sides - to adduce expert evidence, has to comply to particular requirements set out in the Civil Procedure Rules.

Your report sounds as if it is a mix of primary evidence (the things you have examined) and your opinion (which is not admissible as it is non expert opinion). Your surveyor can’t legitimise your inadmissible and non-independent opinion evidence by saying “yeah, looks about right to me”. He has to conduct his own examination and form his own independent opinions.

Which is why most give this sort of headache a wide beam.

[Simpo Two]

Small Claims is essentially a one-on-one scrap; no solicitors, no experts. It's designed for ordinary people like you and me, not professionals. The judge will make allowance for the fact you're not Rumpole.

In short, you present your evidence, the defendant presents his, and the judge decides who wins.