Other side submitted Witness Statements two weeks late

[Daphne]

Hi,

I am taking a company to the Small Claims.

We both submitted out WS at the same time, when due.

They have now sent, two weeks later, two more statements, stating they are to "help the Court towards its decision."

Can they do this? How do I get these dismissed?

[efpom]

CPR
Requirement to serve witness statements for use at trial


32.4

(1) A witness statement is a written statement signed by a person which contains the evidence which that person would be allowed to give orally.

(2) The court will order a party to serve on the other parties any witness statement of the oral evidence which the party serving the statement intends to rely on in relation to any issues of fact to be decided at the trial.

(3) The court may give directions as to –

(a) the order in which witness statements are to be served; and

(b) whether or not the witness statements are to be filed.

Normally, on the small claims track, the court will Order directions such that witness statements are to be exchanged and filed no later than xx days before the hearing- usually 14 days

So you need to check what the Order actually says.

If the other side are inside the deadline, and 3 b), is not in play, then the WS may be admissible.

If they are not inside that deadline they are in breach of the Order, and on that ground, you can request the court not to admit that evidence.

I suggest you post up the Order and your witness statement and the two witness statements at issue, suitably redacted.

[Daphne]

Originally the WS were due by date A. I was not in the country for the eventual final hearing though, and asked for an adjournment. Whilst this request was being considered/actioned, the WS were due and they sent theirs, but I did not send mine, as I knew the dates were all being changed.

Dates were then changed, both for final hearing and submission of WS, evidence, etc.

I sent my WS by the NEW due date. They told me they had already sent theirs.

I am wondering if they are trying to play smart? Maybe they want me to contest the late submission of the further WS, so they, in turn, can point out I did not send my WS by the original date and have it thrown out also?

[Daphne]

Bump

[des8]

This is small claims and everything tends to be elastic, especially if both sides are Litigants in Person.
The judge has wide discretion and in my experience they tend to overlook time restraints


In post 1 you state that "We both submitted out WS at the same time, when due." but seem to contradict this in post 3.
Any way you submitted WS in accordance with the court's direction so that is safe.
Their two new WS were filed presumably after the latest date.

A WS being only an account of what took place, I wonder why they need to add further details, or did the new WS contain legal arguments?