SHOCK & HORROR! A finance company seeks to influence an expert opinion!

legal updates

Any finance house thinking of or seeking to emulate such unconscionable conduct, risks not only judicial ire and sanction but also being named and shamed.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

While this is not entirely news to us here at Lawgistics and our sister Litigation CIC, even we were stunned to recently read a report disclosed by a finance company, which had been procured from one of the three main national providers of expert motor engineering evidence purportedly pursuant to Civil Procedure Rules (CPR) Part 35, in which it had brazenly directed the expert engineer in the following terms:

We need the inspection to prove that this vehicle was not fit for purpose when bought and fraudulent MOT was provided to hide this” and “…need proof that we did not cause this extent of corrosion within the time period we have owned it – 13 months.

Paragraph 2.1 of The Practice Direction to CPR Part 35 states that: “Expert evidence should be the independent product of the expert uninfluenced by the pressures of litigationread[DE1]  finance, and paragraph 2.2 goes on to state: “Experts should assist the Court by providing objective unbiased opinion on matters within their expertise and should not assume the role of an advocate” or for that matter, a “hired gun” for finance, which was clearly the intent of the finance company noted above.

Since this is an ongoing court case, the name of the finance company responsible for such affront and flagrant abuse of the rules of court and evidence, will be withheld… for now. However, be on notice, that any finance house thinking of or seeking to emulate such unconscionable conduct, risks not only judicial ire and sanction but also being named and shamed by us, and for that matter, the same goes for any expert engineer witless enough to be adversely influenced by such self-serving instructions.

WeRecruit Auto LtdPermanent Automotive Recruitment from an experienced and trustworthy recruitment partner.

We cover roles within all departments and sectors of the Automotive industry, and are here to listen to your specific needs and find the most suitable candidates to fit your business.

Howard TilneyHead of Strategy / Legal AdvisorRead More by this author

Related Legal Updates

Do I have to reply?

The lender writes to our member for assistance with paperwork, but our member decides to ignore it.

Have motor finance lenders scored an own goal?

A clear admission from two large motor finance lenders that they have no clue as to what their dealer networks are doing.

Time is Money – Pay Attention!

Whether the court has made a mistake that impacts your case, or if the postman has lost your court paperwork, as soon as an issue arises, action is needed.

Petty Grievances

Dealers can rest assured that the courts still take a very dim view of petty grievances blown out of proportion.

Default Judgments & Set Aside Applications – When is late too late?

This article explores the complexities and urgent timing needed to set aside default judgments in County Court, highlighting the importance of prompt legal action.

Why a good defence is essential

Delays are never helpful, and the sooner we get the claim form, the sooner we can get to work on your defence.

It pays to take professional advice on a court claim

Experience remarkable savings and expert legal support for your motor trade business with our competitively priced services.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.