Witness Statement

[David PG]

We had a kitchen renovation last year that included new windows and a door. All our discussions were for triple glazed windows and door. The company was chaotic and the salesman was very reluctant to confirim any detail. The first contract omitted the door altogether but was for the agreed price. The second contract was for a triple glazed door and windows but we wanted 4 no horizontal glazed panels in the door instead of single vertical panel. We confirmed that we wanted it in the, 'style,' of DSC34 which being laypersons we did not understand but the style of the windows were what we wanted. All our conversations had been for triple glazed products with no mention of double glazed units. We asked about any changes in the price and were told that there was none. After delays and mistakes with double glazed units being fitted instead of triple glazed units the door, which had been delayed was finally fitted. When we inspected it we realised a double glazed unit had been installed. The window installer confirmed that he would not change it and that as we had signed the contract we owed him money. We received intimidation and threats that he would visit our property to have a chat.

We have a court case in the small claims court tomorrow. We submitted out witness statement which has been set out as directed with court case, reference, numbered paragraphs, signed and dated with an accompanying letter. What we received was a copy of a letter sent to ourselves and a chronology of events as stated by the window installer. We did not receive a witness statement as directed by the judge.

Can I ask the judge to strike out the case as there is no witness statement as requested?

Thanking you in anticipation.

Regards,

David

[atticus]

You can try, but with a fall back position that you ask the judge to hear the case and decide it on the evidence (including witness statements) that has been submitted.

I guess you are defendant to a claim for money. If the claimant has not submitted evidence to prove its case it cannot win.

[Pezza54]

I believe that the claimant failing to produce a witness statement means the claimant will not be allowed to present their claim verbally. You should confirm this with the judge
Look for mistakes in the claimant's chronology of events and if there are any make notes. Point the mistakes out at the hearing
Forum readers will be interested to know how you get on at the hearing and what the judge decides

[atticus]

The first sentence of post #3 is not correct. The claimant may present his case, but should not be permitted to use evidence that has not been submitted in accordance with previous court directions.

[Pezza54]

If the claimant when presenting his claim starts to talk about telephone conversations in detail that took place with the defendant, contents of emails etc that should have been included in his witness statement who should stop the claimant talking about inadmissible evidence?

[atticus]

The judge may/should pick this up. The defendant can object.

[Pezza54]

Hoping OP receives the advice about raising objections before the hearing today

[JK2054]

that case isnt going anywhere other than out. no need for advice tbh