No evidence filed

[MeVsCoinbase]

I am taking on a company who failed to file their evidence two weeks before the Court date, as instructed in the hearing notice. There is now one week before the Small Claims hearing and still no evidence from them. They state it is because of an illness with their staff. Can I request the Court strike out their Defence and enter Default Judgement? What are my options here?

[luxardo]

It depends if they have asked the court for more time or not. Have they just told you about the illness or have they told the court ?

[MeVsCoinbase]

They have not told the Court.

[luxardo]

Then they do not have permission to extend the period. Go to court for the hearing and ask for the case to be dismissed on the grounds you mention. It's not automatic, the judge will listen to any lame excuse but you have a good case on non conformance with procedure. It's also possible they won't even turn up.

[jaguarsuk]

They have not told the Court.

Then on the day you ask for their witness statement and evidence not to be allowed due to not filing it as directed. You point out they have had 14 days to scrutinise yours and prepare their arguments, it would be a huge disadvantage if it was allowed to you. If it is allowed as the claim is adjourned for the same reason.