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'Expert evidence' admissibility issue in Small Claims

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  • #61
    If I was you I would draft a Notice of Objection. File it with the court attached to an email to the court manager and mark the email URGENT. State the date and time of the hearing already arranged.
    Object on the grounds that the case has already been adjourned once, it is tool short a notice and you have already made arrangements, the claimant has had plenty of time to draft his witness statement etc
    If you are correct about the claimant not paying the application fee, then by your objection the claimant should be asked by court staff to pay the appropriate fee.

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    • #62
      Thanks to you both - I’ll file an objection. Do I need to do so on any particular form or is it fine to do via email?

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      • #63
        You should google example of a Notice of Objection for court



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        • #64
          I got a better result when I googled "example of a Notice of Objection for court to oppose an application to adjourn a case "

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          • #65
            Thanks very much Frank - i've now filed a Notice with that kind of template outlining the grounds for the objection. Do you know how likely it is the Court would grant a last minute adjournment without any evidence or detail to support an alleged bereavement, and they are represented by Counsel in any event?

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            • #66
              After reading "Reasons to Adjourn a Court Case in the UK " published 18 May 2024 by golegal, an application to adjourn a case without any evidence should have a very slim chance of success. Having said that nothing would surprise me in SMC

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