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Small claims Ebundle not submitted

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  • Small claims Ebundle not submitted

    Hi,

    would really appreciate some advice on this. I have a small claims hearing next week. I am the defendant. The court papers state that the claimant should have submitted an Ebundle to the court and to me no less than 3 days before the hearing on Wednesday. Am I correct in assuming that it should be working days? If so, they should have done that by Friday morning at the latest.

    what happens next and what view will the court take on this?

    thank you for your help.
    Tags: None

  • #2
    Hi SKYLADY6

    Take a look at the example given -

    https://www.civillitigationbrief.com...ocedure-rules/

    Some help regards the litigation -

    https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Keep a note of what the Claimant hasn't adhered to regarding orders and CPR, then write out a summary, mark that for the attention of the Judge, send it into the Court with the case number etc. Make sure the Claimant gets a copy to (make sure you have Proof that they have received it, otherwise the Judge will discount it.

    Comment


    • #3
      Thank you. That’s extremely helpful. Out of interest, say it gets to the day of the hearing and they haven’t submitted the Ebundle to the court or us, what would the outcome be likely to be?

      thank you again

      Comment


      • #4
        Originally posted by Skylady6 View Post
        Thank you. That’s extremely helpful. Out of interest, say it gets to the day of the hearing and they haven’t submitted the Ebundle to the court or us, what would the outcome be likely to be?

        thank you again
        It really depends how the Judge views their conduct and if 'court time' has been wasted because of that conduct.
        Normally things like that are reflected in costs against a party.

        Update the thread to let us know how it goes.

        Comment


        • #5
          Again, thank you. Your advice is very helpful. I know it’s probably wishful thinking because the whole thing really is a hassle of a joke that I’m sure/hopeful will end in my favour, but in light of this, is there any chance it won’t go ahead or will be immediately thrown out/delayed/dismissed?

          thank you again

          Comment


          • #6
            Originally posted by Skylady6 View Post
            Again, thank you. Your advice is very helpful. I know it’s probably wishful thinking because the whole thing really is a hassle of a joke that I’m sure/hopeful will end in my favour, but in light of this, is there any chance it won’t go ahead or will be immediately thrown out/delayed/dismissed?

            thank you again
            There's no point speculating.

            Comment


            • #7
              Thank you. I know you’re right. I am trying to prepare myself for all possible scenarios and just wondered what those might be, if it might be thrown out, rescheduled or go ahead anyway despite the claimant not complying with the rules.

              thank you

              Comment

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