Not received documents from other side (SCT)

[Brbnewbie!]

Hello,

Small claims date has been set and an earlier date given for both sides to file their documents they intend to rely on for the case.

The other side has failed to file their documents in time and have missed the date by over a couple of weeks so far.

Does this mean that the judge will not accept them now as they have missed the deadline. There is still a month til court date or can they still be accepted even if they have ignored the date on the letter. Curious - if they can still be accepted - why is a date given to comply in first place?)

Thank you.

[Pezza54]

Please read Practice Direction 27A Appendix B Standard Directions and Appendix C Special Directions
Under Standard Directions the time for filing and serving witness statements is normally no later than 2 weeks before the date set for the trial (although the judge can vary this time)
On the small claims track rules and deadlines are not applied as strictly as they are on other tracks
Under Special Directions the judge may decide not to take into account the witness statement and evidence of a witness if the rules are not complied with. Note the use of the word "may"

[atticus]

Look at the full wording of the directions order. Does this indicate any consequence of not providing this material by the specified date?

If this material is provided, if you wish to object to its use you would do well to explain how you are prejudiced. The closer to the hearing, the stronger such arguments are likely to be. The court will want to balance fairness to you with attempting to do justice in the case overall.

[Pezza54]

Last paragraph under Appendix B
"Failure to comply with the directions may result in the case being adjourned..............." Thus prolonging the frustration and misery

[Brbnewbie!]

Thank you all. The terms say must deliver to the other party and to the court.

and also that the judge may refuse to consider a document or take it into account if a copy of it has not been sent to the other party as required by this Order.

So does that mean it all depends on the Judge on the day? In practice, is it common for documents to not be included in these circumstances for a small claim?

thank you

[Brbnewbie!]

To clarify the ‘must deliver’ part gives a set date to do this by.

[Pezza54]

Is it possible the other party's witness statement and evidence have been filed with the court but not served on yourself?

If this is the case you could be asked in court by the judge "did you contact the other party to let them know you haven't received their witness statement?"

[Brbnewbie!]

I’ve checked and the court says they have not receive anything either.

[atticus]

Re post #5 - yes, this is a decision for the judge on the day. That comes from the word "may".