Small Claims Court

[kestral]

Jazzer said:

Fair point.

I’m taking the company to court because they have acted wrongly, in a manner demonstrably inconsistent with the code of practice for their business, leaving us (and many others) with a mess to sort out.

The case against them is clear, but not calling on two experts listed initially in the claim could, I feel, go against me.

I will seek further advice from those more familiar with small-court proceedings.

Thank you for your thoughts.

If the two experts were listed and are not now going to turn up. That does not help your case. But it does not necessarily go against it.

As far as being kicked out on a technicality (no experts anymore) I don't think that would happen. The judge will allow you to run your case without experts even though you have indicated they would give evidence.

Don't think like this....' Because I have said there will be expert witness and now they are not going to be there I will lose'.

Think like this....'When I go to court can I prove my case or do I need expert witnesses'.

Just because something has fallen through does not mean the case will be lost. Look at at it afresh.

Also are cost involved? if it is just a small claim then what is to lose by running it?

If you run it without the experts and have told the court /defence they will be attending, tell the court/defence as soon as possible that they will now not be attending. Court time wasted very bad.

[Jazzer]

Thanks Kestral, I really appreciate your reassuring comments.

I believe that I can argue my case well and intend to do so, but will seek advice from the court before proceeding.

I will update this thread when I’ve spoken with them directly.

[Pro Bono]

Jazzer said:

I believe that I can argue my case well and intend to do so, but will seek advice from the court before proceeding.

As you've already discovered, the court staff cannot advise you on the questions you've raised.

There are people here who are able and willing to help you, but you've not helped yourself by failing to give any of the information that was quite properly requested by KungFuPanda.

Unless and until you do you won't make any progress.

[darreni]

Are expert witnesses ment to be independent?

[BIG DUNC]

Yes, an expert witness must be independent.
(S)he has to follow CPR (Civil Procedures Rules) part 35 which basically says that the expert has a duty to guide the court (or the arbitrators) even if that does not suit the case of the client or person paying the expert witness.

In practice, if it is a loosing case, the expert will normally advise his client long before turning up at court so the client can decide how they want to proceed.

Very few cases are 100% black and white so most expert reports will have positive and negative aspects in them.

[darreni]

That was my understanding too. I believe that the court has to agree the status of expert for the witness in advance.

You can’t call a mate or acquaintance as an expert witness due to potential conflict of interest.

[BIG DUNC]

That is correct - an expert witness cannot have a conflict of interest.

Apart from that, unless your mate happened to be an expert in that subject, they probably wouldn’t do a very good job at it.

People do look at, and take note of, expert’s CV’s.

[Meoricin]

Why do these threads always go like this? OP asks incredibly specific questions about a case only he knows the details to, then completely ignores all questions for the necessary information to answer those questions.

[anonymous-user]

Meoricin said:

Why do these threads always go like this? OP asks incredibly specific questions about a case only he knows the details to, then completely ignores all questions for the necessary information to answer those questions.

At a guess it's because they want to get some confirmation they're doing the right thing and perhaps spread the load by sharing with strangers with a chance someone will give them an idea they haven't managed for themselves.

Sadly for them, others inevitably don't share the same confirmation bias and, this being the faceless internet, aren't afraid to say so.

If the aim is to truly get the help they require, it's pretty doomed from the start, as those who can help professionally won't do so for free (unless the cause is truly worthy) or over an internet forum.

[KungFuPanda]

https://www.justice.gov.uk/courts/procedure-rules/...

[Jazzer]

Good news!!

The other party offered to settle as soon as I indicated that I was proceeding to court.

I declined the offer, but they have now settled for the full amount, including my costs.

I did not want to go into detail on here, for fear of revealing information that could potentially be used against me.

Thank you all for your help.

[Jasandjules]

Good stuff and thank you for at least updating the thread.

[BIG DUNC]

Well done, and as above, thank you for coming back and saying what happened.

[anonymous-user]

Jazzer said:

Good news!!

...


I did not want to go into detail on here, for fear of revealing information that could potentially be used against me.

...

Yay for the win, but this seems a bonkers thing to say. What on Earth are you going on about?

[Jazzer]

Nothing too dramatic, I just don’t think it’s wise, or even necessary, to divulge too much information on a public forum.

Kestrel changed my mindset, resulting in the win achieved.

I’m grateful for that.

[anonymous-user]

You still appear to be talking Chinese. You do know that litigation is a public thing, don’t you?

[Jazzer]

You seem to have trouble with anything and everything I say, prattling on in your patronising, condescending manner, for reasons best known to yourself.

I updated this thread with good news of a satisfying win, thanking people for their help.

That is where I will end it.

[anonymous-user]

Fair enough, I shall just have to conclude that you are a paranoid loon in a tinfoil hat, but well done for the win.

[twokcc]

Jazzer said:

Good news!!

The other party offered to settle as soon as I indicated that I was proceeding to court.

I declined the offer, but they have now settled for the full amount, including my costs.

I did not want to go into detail on here, for fear of revealing information that could potentially be used against me.

Thank you all for your help.

Be wary, had this in the past relating to a car, only saying that as it is a car forum. Was advised to turn up at court so that agreement to settlement could be recorded by court.
The car dealer sent a solicitor and only short hearing BUT my understanding is that enforcement is possible if outcome has been recorder by the court with specific term in which payment has to be made
An agreement just between two parties is just that and if they don't pay you're back into the situation of having to start claim again. Hopefully you will have written evidence that they agreed to but they could change their mind.
Dealer paid up but on last day of agreed term.

Edit Doh missed the bit saying already paid in full

Edited by twokcc on Sunday 8th December 11:03

[98elise]

darreni said:

That was my understanding too. I believe that the court has to agree the status of expert for the witness in advance.

You can’t call a mate or acquaintance as an expert witness due to potential conflict of interest.

Is that new? I was an expert witness for a car crash my brother was involved in.

The other side objected to me being there, but the judge asked me what my input was and what my qualifications were, then allowed me into the chambers.

This was probably 25 years ago though.