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    • whiskeytoothpaste
    • By whiskeytoothpaste 29th Nov 17, 9:42 PM
    • 40Posts
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    whiskeytoothpaste
    Experts
    • #1
    • 29th Nov 17, 9:42 PM
    Experts 29th Nov 17 at 9:42 PM
    Iím not sure if starting a new thread is ok for this but I was wondering if, as a defendant, you could consider yourself an expert witness for a specific aspect of a case?
Page 1
    • KeithP
    • By KeithP 29th Nov 17, 9:51 PM
    • 4,800 Posts
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    KeithP
    • #2
    • 29th Nov 17, 9:51 PM
    • #2
    • 29th Nov 17, 9:51 PM
    As you know, this forum's focus is on parking charges.

    Your question, in isolation, would be better asked on legalbeagles or a similar forum.
    .
    • Lamilad
    • By Lamilad 29th Nov 17, 11:34 PM
    • 1,201 Posts
    • 2,387 Thanks
    Lamilad
    • #3
    • 29th Nov 17, 11:34 PM
    • #3
    • 29th Nov 17, 11:34 PM
    No, an "expert witness" is a specific and distinct thing in law. Someone with with specialised knowledge or specific skills/ qualifications that would (usually) cause their testimony to be held in higher regard than that of an ordinary witness.

    If you were arguing that a fault with the PDT machine generated an incorrect PCN and you had a PDT machine engineer as a witness then you could ask the court to consider him/her an 'expert' witness.

    I believe it's up to the judge to grant this 'status'... I'm sure the legal minds can explain it better.
    • IamEmanresu
    • By IamEmanresu 30th Nov 17, 3:07 AM
    • 1,819 Posts
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    IamEmanresu
    • #4
    • 30th Nov 17, 3:07 AM
    • #4
    • 30th Nov 17, 3:07 AM
    Someone with with specialised knowledge or specific skills/ qualifications
    Don't forget insurance. You're not an expert unless someone can sue you.
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • bargepole
    • By bargepole 30th Nov 17, 5:36 AM
    • 2,170 Posts
    • 6,259 Thanks
    bargepole
    • #5
    • 30th Nov 17, 5:36 AM
    • #5
    • 30th Nov 17, 5:36 AM
    Iím not sure if starting a new thread is ok for this but I was wondering if, as a defendant, you could consider yourself an expert witness for a specific aspect of a case?
    Originally posted by whiskeytoothpaste
    You cannot be a defendant (or claimant) and also an expert witness.

    An expert witness would be someone with qualifications, and specialised knowledge of a particular topic, which would fall outside the range of general knowledge that a Judge might reasonably be expected to have.

    Such experts are independent, and their first duty is to the court, not to either of the parties in the case. The parties may jointly agree upon a single expert, who must then be given permission by the Judge to give evidence.

    If the parties cannot agree, and each wishes to appoint their own expert, the court may agree to that, and it will then be up to the Judge to decide which expert's evidence he prefers, if contradictory.

    However, these scenarios are far more common in multi-track cases where over £25k is at stake, and the case is listed for more than one day of hearing. It would be extremely unusual in a small claims track case, and certainly inappropriate for a piddling claim of around £200.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 30. Lost 9.
    • Loadsofchildren123
    • By Loadsofchildren123 30th Nov 17, 8:53 PM
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    Loadsofchildren123
    • #6
    • 30th Nov 17, 8:53 PM
    • #6
    • 30th Nov 17, 8:53 PM
    But if you have specialist knowledge/experience you would cover this in your WS and whilst you are not independent it might cause the judge to prefer your evidence.
    There was recently a D on here who was an optometrist who had expert knowledge about what it was possible for average people to read from certain distances. So she could say that professionally the signs were NOT legible. I advised her to cover her qualifications and professional opinion in her WS. I don’t know the outcome but I think it would be persuasive (but not given the weight of an independent expert).
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Johnersh
    • By Johnersh 30th Nov 17, 9:31 PM
    • 752 Posts
    • 1,396 Thanks
    Johnersh
    • #7
    • 30th Nov 17, 9:31 PM
    • #7
    • 30th Nov 17, 9:31 PM
    +1 loadsofchildren123 such a statement may be best described as quasi-expert. It's not uncommon.

    For example, if suing a firm of surveyors, many of the defendant witnesses would be highly qualified individuals, albeit technically required only to say what they said and did, not give an expert opinion/advice to the court.

    I'd definitely include my details (if relevant). Technically all statements require you to state an occupation in any case. No harm in adding your 'letters' and/or details of experience.
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