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How to adduce new information in court

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  • How to adduce new information in court

    I am the claimant currently in court and recently applied to the court for further disclosure from the defendants. My case was dismissed because the defendant signed a statement of truth that such documentation did not exist. I have now been able to seek alternative but legal means to obtain the documents and now want to present the evidences to the courts.
    Is this just a letter or do I have to fill an N244 form. The time frame is outside the deadline allocated to submit all evidences used in the case.
    Tags: None

  • #2
    ON what date was the case dismissed?
    County Court or High Court?
    On what date did you discover the documents?
    Did the other party state that the documents never existed or that it couldn't find following it's search?

    Comment


    • #3
      It is never just a letter.

      Please answer Efpom's questions.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        Dear Efpom

        Thank you for your questions
        here are my responses
        County Court
        25th January 2023
        The other party stated the documents never existed
        Kind regards

        Comment


        • #5
          The first question - date the case was dismissed?
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Dear Efpom
            Sorry missed your first question
            Case was dismissed on 20th January 2023
            County Court
            25th January 2023
            Other party stated the documents never existed

            Kind regards

            Comment


            • #7
              Were those alternative means of obtaining the documents available to you before the hearing?
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Didn't think about that route. I basically formally asked for the information directly from the defendants. And the defendants response was the information does not exist. I knew it existed as the details were on the defendants computer system.

                Comment


                • #9
                  The tooth I am trying to pull is to ascertain whether before the hearing you could have obtained the documents by the means that you were able to use to get the stuff within less than a week after the hearing, and why you did not do that. This is the kind of question a judge will ask when being asked to allow you to adduce fresh evidence.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                  Comment


                  • #10
                    It just occurred to me - is this an ongoing case where you made an interlocutory application for disclosure of documents?

                    Comment


                    • #11
                      Yes it is an ongoing case

                      Comment


                      • #12
                        Trial date period is set between April and July

                        Comment


                        • #13
                          Surely this means that you can now disclose the documents as you have them.
                          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                          Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                          Comment


                          • #14
                            You submit the documents as exhibits in a witness statement and in that witness statement mention that your opponent stated that the documents did not exist.

                            Comment


                            • #15
                              Thank you very much for the advice. Will do this asap

                              Comment

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