Areas of Law / General Legal Advice

We took an electrical supplier to the small claims court. At a preliminary hearing, the judge asked us to obtain an expert witness report on our £4,900 claim. However in court the expert wasn’t allowed to present his report. Might this constitute grounds for the judgment to be set aside?

You can apply to set aside a decision on the grounds that there was misconduct by the arbitrator. However the judge has a wide discretion in how he or she goes about resolving the dispute. Without knowing more about the case it’s difficult to understand why you weren’t allowed to present your evidence. If you want to investigate the possibility of taking this further you should give all the details to a solicitor, but you must normally apply to set aside the decision within 14 days.

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