No Witness Statement filed by other side

[RetroPhilip]

Hope someone can advise...

I had a hearing scheduled just before Covid and we exchanged evidence. There is no Witness Statement from the Defendant.

I took advice. Was told this weighs things heavily in my favour. It is a breach of CPR, the specific Court instructions i.e. 'file signed and certified Witness Statements by this date.' and basically, it means that my evidence and Witness Statements will be about the only thing the Judge will rely on. The Defendant sent a bullet point list to the Court which looks like their defence, and will be there on the day as the representative for the company, but it is obvious this so-called legal rep. does not know what he is doing,

So today we each have to tell the Court what we want to do after Covid led to the cancellation of the hearing back in May. Do we prefer attendance via telephone, video or to wait until we can go in person?

My question is what to do next?

I am aware that telephone or video would then mean a three days before rule would kick in, where further submissions to be relied upon could be made. I want to avoid that really, in case the Defendant realises the error he has made, and send a WS. At the same time asking to wait until a real hearing can happen might be risky because this is a travel company and they might go bust...

So trying to weigh up both options.

Does anyone know whether a deadline for Witness Statements in a hearing notice would still apply, even if the hearing was adjourned like this one?

Does anyone know if an an application for an extension of time to file a proper Witness statement would have to be made by them in any case? I would say it would put me at a distinct disadvantage only filing a Witness Statement a few days before trial, and the original deadline would apply anyway, whatever/whenever a new hearing was set for?

[RetroPhilip]

The other thing I was thinking was making an application for summary judgement, or to have their defence struck out precisely because they did not follow directions and have no chance of successfully defending the claim. Does anyone know which would be better? Summary Judgement or requesting strike out and default judgement? And would they then be invited to make submissions if I did make an application?

[RetroPhilip]

This decision has to be made Monday - anyone have an opinion on it?

[RetroPhilip]

Anybody?

[RetroPhilip]

Please?

[RetroPhilip]

UPDATE: So after waiting three weeks for the other side to tell the Court whether they wished to proceed to a video hearing, or based on written evidence, they failed to respond. I did respond, and advised I requested things to be considered on the so-far submitted written evidence.

The Court told me that as the Defendant failed to answer, only my request would be considered and it would proceed based on the written submissions already made (remember, they have not even filed a Witness Statement by the deadline we were set).

The Judge has now ordered a directions hearing.

Really, I now think requesting summary judgment would be beneficial, as the other side have acted so poorly.

Does anyone know whether I can still do this? And can anyone comment on the likelihood my request will succeed, given what I have explained about this case in the previous posts?

Thanks,

Phil

[RetroPhilip]

Hi...bump...