Both parties on an equal footing and exchange of evidence

[JuneWonder]

Hi.

Can any of you kind people point me towards case law / examples, of where a lawyer has made an argument for the unfairness of one party submitting evidence a month after they are meant to and being allowed to proceed as if this did not happen?

I am trying to ascertain what part of the CPR is broken by this, and exactly how it is unjustifiable and puts one party at a distinct disadvantage?

Thanks,

JW

[atticus]

You might try searching the Civil Litigation Brief blog maintained by barrister Gordon Exall: https://www.civillitigationbrief.com/

Does the order specify any consequence for not providing evidence on time, including not being able to use evidence not served on time? If so, look at the very many cases on 'relief from sanctions'. You may find a few that will help you.

[JuneWonder]

atticus "Does the order specify any consequence for not providing evidence on time, including not being able to use evidence not served on time? If so, look at the very many cases on 'relief from sanctions'. You may find a few that will help you."

What happened is that the Court failed to send me the new hearing notice and so I sent my evidence to them and the Defendant a month earlier than the new date.

[atticus]

You said the other party served evidence one month after it was "meant to". What exactly do you mean by that? I have the impression you served your evidence early, possibly inadvertently, while the other party did so on time. Is that right?

[JuneWonder]

Hi atticus the Court changed the submission date to a month later, then failed to send me this new order, so my submissions went to the Defence a month earlier and they filed according to the new date.

Also pretty bad because a Judge had previously criticised staff in the case for failing to send me another order, and the Defence lawyer purposely withheld this new date despite knowing of it when we arranged to exchange evidence according to the original date.

[JuneWonder]

atticus at the risk of bothering you - any thoughts on my last post?

[atticus]

What exactly did the defendant's lawyer say about dates for exchange? I am trying to ascertain whether there are any grounds for complaint or criticism.

[JuneWonder]

We arranged the exchange on the original set date. He then found out about the new date three days before, ignored several emails from myself about precise time to send on the given day, and sent e an unrelated email, not mentioning we were now NOT due to exchange the next day.

He clearly knew, and didn't say anything precisely to get my evidence a month in advance.

[atticus]

Then raise it with the judge at the hearing, producing all relevant e-mails.

In the meantime, do not let this distract you from the issues in the case.

[JuneWonder]

Hi all, atticus

got a hearing about this appeal today.

Can someone please kindly point me to the relevant CPR rules governing exchange of evidence/submissions, preferably where it says it needs to be done at the same time so that both parties are on an equal footing?

[dslippy]

I suspect that once the evidence has been filed and accepted, a court will not be interested in the apparent small disadvantage to you. Atticu is right - concentrate on the case as it is to develop. Stuff like this just becomes a disabling irrelevance. Concentrate on what matters.

[JuneWonder]

Thanks dippy

[dslippy]

"I have been told that as no costs were were awarded against me at that final hearing, this also covers me for the application to appeal, and the oral hearing of the application, having already had the application to appeal turned down in writing."

I do not know, but it sounds unlikely, so be sure before you rely upon it.

[atticus]

You will need to look at the exact wording of the order requiring the parties to exchange statements or documents or whatever.