Exchange of evidence

[bugged]

Hello. 2 entirely separate questions.
1. If a document has been omitted from the evidence exchanged according to court directions but had previously been sent both to the Court and the Defendant in the Reply to Defence will it still be admissible at the hearing ?
2. If the date for exchange has passed can a new document still be added to the evidence, if so what is the process ?
Thanks

[jaguarsuk]

1. Yes, it was filed and served therefore is admissible.

2. You may file and serve the documents then ask at the hearing they be allowed, but there is no guarantee they will be by the judge. Supplementary evidence bundle should do it.

[bugged]

Thank you. I should have said it is a small claim.
In 2 I am just wondering if it would enhance the chances of the judge accepting it if I asked the defendant for their agreement before submitting it ?
Also the document in question is the defence presented by a different defendant in a different (but highly relevant) small claim where I was again the claimant, that claim having already been settled out of court. Would there be any issues of confidentiality rendering it inadmissible ?

[bugged]

If a document has been filed and served but a hearing hasn't taken place is it still considered to be in the public domain ?

[jaguarsuk]

Thank you. I should have said it is a small claim.
In 2 I am just wondering if it would enhance the chances of the judge accepting it if I asked the defendant for their agreement before submitting it ?
Also the document in question is the defence presented by a different defendant in a different (but highly relevant) small claim where I was again the claimant, that claim having already been settled out of court. Would there be any issues of confidentiality rendering it inadmissible ?

The claim was settled out of court, so the defence is not relevant as it was neither defeated or succeeded.

[bugged]

Thanks again. I fully understand that it is neither proven nor unproven but in that sense it surely is no different from any witness statement filed before a hearing ? I think it relevant because in it is a figure that was only known to that defendant and it was only quoted in that defence. Given the context in which it was used I think there is a good chance that a court would think it more likely than not to be true and that that would help my case.
So I would still like to know if there is any court rule or case law which would prescribe my using it as evidence and if I could use it should I ask the agreement of the defendant in the upcoming case before filing it ?

[jaguarsuk]

Thanks again. I fully understand that it is neither proven nor unproven but in that sense it surely is no different from any witness statement filed before a hearing ? I think it relevant because in it is a figure that was only known to that defendant and it was only quoted in that defence. Given the context in which it was used I think there is a good chance that a court would think it more likely than not to be true and that that would help my case.
So I would still like to know if there is any court rule or case law which would prescribe my using it as evidence and if I could use it should I ask the agreement of the defendant in the upcoming case before filing it ?

It's completely different to a Witness Statement because submitting that could be seen as amending your own defence by submitting another once as an exhibit to your witness statement.

You can try to file it with the court, good luck to you if you get away with it, but don't be surprised if you don't. Also, if I was the defendant and you asked me to submit something that aids your claim against me what do you think my answer is likely to be?

[bugged]

Thanks again. Food for thought. Sticking with evidence, once it has been exchanged if either side seeks to challenge the authenticity of a document should this be done before the hearing ? I am thinking of the overriding objective here.

[jaguarsuk]

Thanks again. Food for thought. Sticking with evidence, once it has been exchanged if either side seeks to challenge the authenticity of a document should this be done before the hearing ? I am thinking of the overriding objective here.

The order with hearing directions states that you (the parties) should bring original documents to the hearing to allow inspection of them if required. Therefore your opportunity to challenge authenticity would be there.

[bugged]

How does that work with emails ?

[jaguarsuk]

How does that work with emails ?

Prints usually suffice. If you think they have been altered you could ask the court to order the other party to show them on a laptop in the court, but you would need to apply for that in advance and it would be pretty extraordinary.

[bugged]

That's great, thanks. I was more concerned about emails I will be using so that gives me some peace of mind.