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I am involved in a matter which is in the county court, small claims track.
At a directions hearing the court ordered that both sides exchange statements and evidence by a set date. The other side did not do this and submitted 3 days late, it also came to light that before the directions hearing the other side submitted a 13 page letter to the court trying to get the claim dismissed, the statement makes quite damning claims however this was not disclosed to myself and indeed I had to pay the court to get a copy of this again this was after I had submitted my evidence.
How will a court consider these issues?
Surely the late disclosure means that the other party has the advantage of tailoring their evidence? Should this mean their evidence is struck out?
With regard to writing to the court a quite lengthy and damning letter trying to influence the decision without giving me a copy of this would this be an issue for the court or indeed is it a failing of the court not to advise of it's existence? Should I be asking for this letter to be disregarded?
Or worse would these failings on the other parties part be considered contempt of court? If so should I leave this until the hearing in a couple of weeks time to address or should I be making a submission to the court now?
TIA
At a directions hearing the court ordered that both sides exchange statements and evidence by a set date. The other side did not do this and submitted 3 days late, it also came to light that before the directions hearing the other side submitted a 13 page letter to the court trying to get the claim dismissed, the statement makes quite damning claims however this was not disclosed to myself and indeed I had to pay the court to get a copy of this again this was after I had submitted my evidence.
How will a court consider these issues?
Surely the late disclosure means that the other party has the advantage of tailoring their evidence? Should this mean their evidence is struck out?
With regard to writing to the court a quite lengthy and damning letter trying to influence the decision without giving me a copy of this would this be an issue for the court or indeed is it a failing of the court not to advise of it's existence? Should I be asking for this letter to be disregarded?
Or worse would these failings on the other parties part be considered contempt of court? If so should I leave this until the hearing in a couple of weeks time to address or should I be making a submission to the court now?
TIA
