Small Claims - Judgement by default -> Set Aside -> 2nd Hearing

[ANW1985]

Hi,*
thanks in advance for looking/helping with my questions.

I'm the claimant in a Small Claims case.
Last year (October) we had the 1st court hearing, but the claimant didn't attend, and thus the case was awarded to us by default.
The Defendant made a request to set the judgement aside, which was just accepted - meaning we will have another court hearing soon.

My question is regarding the documents we can/should send.
In the letter for this 2nd hearing, we haven't been asked to send any documents but we're wondering if we could/should send anything to the court/defendant.
Namely, the following:

1. Witness Statement - we didn't have one of these in our initial pack (but did have a similar document in the form of a "Particulars of Claim"), and the judge did mention that if we'd ever come to court again to bring a formal Witness Statement.
2. Documents pack - we sent one to the Defendant ahead of the 1st hearing (and have signed proof they received it from the Royal Mail).


Can we send/add documents to the court to include with our documents pack they already hold?
Are we required to provide the Defendant with our pack again?


Thanks very much for your help!
Alastair
*

[jaguarsuk]

You'll be directed by the court when to file a witness statement, all documents should be included as exhibits to that witness statement then filed with the court and served on all other parties.

What exactly was ordered after the successful set aside?

[ANW1985]

We were told to provide documents etc ahead of the 1st hearing (which we did). I didn't submit a separate witness statement last time, so would like to this time for completness (if I'm permitted to).

Following the successful set aside, the orders were for the defendant to supply their documents by a certain date, and a new date for a small claims track hearing.

So, although we haven't received any specific instructions, we're wondering if we can submit additional document(s) to added onto our initial submission?

Thanks!
Alastair
*

[jaguarsuk]

Yes you can under a supplementary witness statement, but make sure that you file and serve no later than 14 days before the date of the hearing.