Small claims claimant evasive and refuses to communicate

[Jojo71]

we are being taken to small claims and we have asked the claimant for further clarification over evidence he is relying on in court (date a photograph was taken). The claimant replied saying our requests are petty and irrelevant and has asked us not to contact him again, saying the email was awkward and unpleasant. It was a polite request and I believed we were able to request further clarification under CPR 18, am I mistaken and what should we do next. Any help would be greatly appreciated, the trial date is 2nd June.
Many thanks
Jo

[des8]

Re: Small claims claimant evasive and refuses to communicate

If your request was made in accordance with the requirements of CPR 18, you should now apply to the court for an order under Part 18.5.
As the case is due in court 2 June, you would also probably need to ask for a stay to enable the claimant comply with the order.

[Jojo71]

Re: Small claims claimant evasive and refuses to communicate

If your request was made in accordance with the requirements of CPR 18, you should now apply to the court for an order under Part 18.5.
As the case is due in court 2 June, you would also probably need to ask for a stay to enable the claimant comply with the order.

Thank you. Having further looked through his documentation, the 2 statements that he submitted do not contain a statement of truth or indeed any signatures. He has also not put in a statement from himself as requested on the Notice of Allocation. We are now going to try for a Summary Judgement.

[des8]

Re: Small claims claimant evasive and refuses to communicate

CPR 22.2:
Failure to verify a statement of case

22.2
(1) If a party fails to verify his statement of case by a statement of truth –
(a) the statement of case shall remain effective unless struck out; but
(b) the party may not rely on the statement of case as evidence of any of the matters set out in it.
(2) The court may strike out^(GL) a statement of case which is not verified by a statement of truth.
(3) Any party may apply for an order under paragraph 2

[Jojo71]

Re: Small claims claimant evasive and refuses to communicate

Wow, thanks for that. Having looked back through his particulars of claim, this didn't contain a statement of truth or signature either, so hopefully we may avoid a trial