Evidence in Small Claims Court - am I too late to submit any?

[Supaman]

We are in the process of taking a trader to small claims court. We've filed our claim and they've filed their defence which runs into several pages.

But something has just dawned on me. My claim was just a couple of sentences outlining the basic issue whilst their defence goes into great detail.

Should my claim have been a lot more detailed? Clearly outlining the back-and-forth? Should I have also filed all my evidence (copies of emails/photos etc.)?

I ask because I've since noticed that the Civil Practice Rules 8.5 (1) states:

"The claimant must file any written evidence on which he intends to rely when he files his claim form."

It's going to be pretty hard to fight my case without being able to show any evidence.

[R0b]

Re: Evidence in Small Claims Court - am I too late to submit any?

The Money Claims Online Service doesn't allow you to upload evidence. You could have sent them evidence you rely on in your letter before action, but nevertheless you will be instructed to exchange evidence 14 days before trial that you intend to rely on.

[Supaman]

Re: Evidence in Small Claims Court - am I too late to submit any?

The Money Claims Online Service doesn't allow you to upload evidence. You could have sent them evidence you rely on in your letter before action, but nevertheless you will be instructed to exchange evidence 14 days before trial that you intend to rely on.

Thanks for the reply.

This is what I thought (it seemed unreasonable to expect me to submit evidence before I'd heard the defence). Do you have any idea what item 8.5 (1) of the CPR means in that case?

[R0b]

Re: Evidence in Small Claims Court - am I too late to submit any?

That will usually be for example where you serve the claim from on the defendant yourself rather than through MCOL. You wouldn't normally attach all the evidence you rely on in the claim form but if the claim relates to a written agreement then you would normally expect to attach the terms of the agreement.

[Supaman]

Re: Evidence in Small Claims Court - am I too late to submit any?

Ok, thank you. We're simply fighting for the trader to respect our statutory rights.