Breach of CPR ? Any advice most welcome!

[Guest]

Good evening all

I am the defendant in a small claims case due to be heard in around a fortnights time (I am actually looking forward to the date and it being all over!). The Claimant is a cowboy builder who did a terrible job, took far to long and sent me an invoice that was triple what was agreed.

I have served the both the Court and Claimant with my evidence, however the Claimant has just sent me a short email with 10 pictures, no explanation of anything and the particulars of claim as his 'evidence'.

I was expecting him to serve his via the post or in person (as I did!) as I have never given any express permissions to recieve these documents by email, which I understand breaches CPR rules. I am also confused as there is no witness statement in his evidence (which I thought was necessary ?) and therefore no rationale or explanation put forward to evidence his claim..

My question is, is it worth making a big deal of this CPR breach (ie contact the court to inform them I guess..) ? and, if he has served no witness statement, what will happen on the day? What would a judge think of this?

thanks in advance!

[efpom]

Documentary evidence i.e. exhibits, is normally filed with the court and served on the other party (or parties) via a witness statement, pursuant to a directions Order that a witness statement must be made.

That witness statement is the person's evidence in chief, which used to be given orally, but is now given in writing, hence the usual phrase in a witness statement -"will say".

The claimant and the defendant(s) are witnesses if they intend to give evidence.

If no witness statement statement has been filed & served, there is no witness evidence in chief.

If there is no agreement between the parties to serve documents electronically it is a breach of he CPR, but unless that service put the receiving party at a disadvantage the court would probably take the view that the trial of the issue should continue.

Here, no witness statement has been served on you. However, it might have been filed with the court. It might therefore be worthwhile to make a telephone call to the court office, to find out if a witness statement has been filed and, if so, ask the court office to send you a copy of that, and at trial point out to the court, that the other party's failure to serve that on you was "unreasonable behavior" which paves the way for a submission that you are entitled to your costs.

Of course, if the directions Order does not state that a witness statements must be filed and served, then all of the above falls away!