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Experts

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
6 replies 541 views
whiskeytoothpastewhiskeytoothpaste Forumite
105 Posts
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I’m 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?
Chin up.

Replies

  • KeithPKeithP Forumite
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    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.
  • LamiladLamilad Forumite
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    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.
  • SystemSystem Forumite
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    Someone with with specialised knowledge or specific skills/ qualifications

    Don't forget insurance. You're not an expert unless someone can sue you.
  • bargepolebargepole Forumite
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    I’m 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?

    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.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 51, lost 13), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • Loadsofchildren123Loadsofchildren123 Forumite
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    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.
  • [Deleted User][Deleted User] Forumite
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    MoneySaving Newbie
    +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.
This discussion has been closed.
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