Advice Today Please - Small Claims Court Trial Tomorrow 1st February

[COMROG]

Hi

I have a small claim CVP trial tomorrow.
The Allocation Order stated:

'The Claimant must prepare a digital bundle in .pdf format containing all relevant documents and must file it at Court by email and send copies to the parties no later than 48 hours before the hearing.

I have not received it?

I did receive some documents a couple of weeks ago by post but not a witness statement in the prescribed form, as required,i.e.

5. Witness statements must:

a) Start with the name of the case and the claim number;

b) State the full name and address of the witness;

c) Set out the witness's evidence clearly in numbered paragraphs on numbered pages;

d) End with this paragraph: 'I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth'

Any ideas on what the judge might do or say?

[des8]

CPR 32.10 32.10 If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.

Ensure the judge knows WS not served, and the case might go ahead with only your evidence

[COMROG]

Thank you DES8

Do you have an opinion on the failure of the claimant to not file a digital bundle, or if he has, not to copy me in?

[des8]

Failure to follow court directions is always fraught with risk.
Presumably this is a small claims track, so who knows what the judge will rule, but hopefully to your advantage

[COMROG]

Thank you DES8

[Yorkmackem]

What happened at the hearing out of interest ?

[COMROG]

The CVP trial went ahead with the claimant giving his evidence.
The judge verified the date of my WS with me but said nothing on the matters raised here.
I presume he had received a digital bundle as he appeared to have the documents referred to by the claimant but could have had them by post.
The hearing was adjourned after the CVP went down.
I have emailed the court requesting a transcript/recording of the last 20 minutes as my picture/sound was breaking up.
I have pointed out that I did not receive a copy of the bundle or a WS.
No response as yet.

[COMROG]

Hi
As said above, I emailed the court pointing out the CVP problems prior to the adjournment, no witness statement or e-bundle copied to me.
I have received a new hearing date for 11th March to be heard via Microsoft Teams, to be arranged by the claimant (I'm the defendant).
The order states the trial is part heard.
No mention of the fact I missed some of the first hearing, i.e. no transcript or recording.
The order states that the claimant is to notify all parties including the court of the MT link and to provide a bundle, physical if necessary, to all parties.
The order goes on to say the claimant is to email an e-bundle to the court (but does not include the defendant).

Any views as to:

1. No mention of a witness statement.
2. Claimant not instructed to email me an e-bundle (would be easier than a physical bundle given that there are around 100 pages).
3. The claimant to arrange the MT link - is this usual - why isn't the court arranging the link as with CVP?
4. The judge obviously has no idea what I missed of the first hearing - it took ages for him to realise I wasn't there while the claimant presented his case.
Should I point this out again now or leave comment until the next hearing?