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Topic:
Urgent Advice needed (7 Posts)
Started By:
Date:
21 July, 2017 06:38PM
Urgent Advice needed
suman - 21 July, 2017 06:38PM
Please can someone kindly advice for below-

In the FDA hearing it was decided that the overseas property of the husband needs to be evaluated. The judge directed me to provide names of 3 property experts, husband to pick one and draft a letter for the agents but agreed by me. I provided names of 3 property experts and the husband without searching all 3, only contacted one and eventually selected the same.

I have now got confirmation from the selected expert that the property Valuation is already done last week. This was done without my knowledge. Property was to be evaluated only after a letter was finalised and agreed by both parties. The husband is trying his best to reduce the market value of the property by manipulation. PS: FDR hearing dates still to be decided.

My questions-

1. Has the husband breached the court directions by-
a) not researching all 3 agents but only 1
b) got property valuation done before hand from the same agent that he selected whereas both parties were to instruct the agent together to avoid any manipulation or influence.

2. Can I file an urgent application in the court to get fresh directions in this matter? To I need to provide notice to the other party?

I would appreciate any response from the members here.

Thank you
Re: Urgent Advice needed
Bubblegum - 21 July, 2017 07:13PM
The procedure for joint expert instructions is set out in the FPR 2010 part 25.
When I did mine my ex selected one of three experts and then a letter was drafted and we both signed and then the expert provided the report directly to the Court and we were both sent a copy.

I'm not sure that the valuation your husband has obtained would be viewed by the courts as a joint expert valuation. There was no agreed letter of instruction and also was the expert made aware of their duty as an expert.
Re: Urgent Advice needed
suman - 21 July, 2017 07:33PM
Thank you for the prompt response. In my situation there is no agreed letter of instruction signed yet but the husband has already obtained an informal valuation by the same expert who is due to receive joint letter of instructions by both parties. The husband is now formally trying to get the letter of instruction for the same selected expert.

Can I challenge this by filing an urgent application in the court to get fresh directions in this matter or is there another option I can choose?

PS: the husband is trying to manipulate the expert overseas and had influenced the selected agent by getting a pre valuation done without letter of instruction. This is because the husband wants to reduce the property value as lowest as possible.

Thanks
Re: Urgent Advice needed
Bubblegum - 21 July, 2017 07:52PM
FPR 2010 PD 25B sets out that the expert has an overriding duty to the court.
Your husband could potentially influence any of the experts. You should have picked three which you believe are reputable and experienced in providing court evidence.If you don't agree with the report, you could challenge it and question the expert on it further.

You should read the Financial Procedure Rules on this. They do provide some clarity. But I don't know how or if you should/could challenge this right now or how to do so.

Maybe someone else could advise?
Re: Urgent Advice needed
suman - 23 July, 2017 10:43AM
Please can someone advice?


Thank you.
Re: Urgent Advice needed
Bubblegum - 23 July, 2017 11:57AM
I would add that if you STBX has already had an informal valuation done outside of the formal joint instruction. I would ask him to pick from another three experts to ensure there is no bias.
Re: Urgent Advice needed
suman - 23 July, 2017 12:46PM
Thanks Bubblegum.
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