Good morning. I have brought a money claim against a retailer. They are defending the claim and we have both now submitted Directions Questionnaires. We've both agreed to mediation, but leaving that aside, my question is about a potential hearing. The DQ asks if we agree to a judge deciding the claim based on submitted papers only. At the moment, I have only submitted the online (and therefore brief) description of the claim to the court. The defendant has written a defence statement on their DQ. If I agree to a judge making a decision on papers alone, at what point can I submit a Particulars of Claim and associated evidence? I need to be able to provide the details of what I provided with my Letter Before Claim to the defendant and also rebut some inaccurate statements they have made since in their defence. A supplementary question is whether "written" submissions can include photographic and video evidence. Thank-you.
MCOL process question - defended claim
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If you've requested mediation on your DQ, then there is an opportunity to resolve the matter at that stage via a 'Mediation Hearing'. If it isn't resolved at that stage, then both parties has to provide a Witness Statement to the Court and other party. Then there is a Hearing. But you can still try to resolve the matter using letters marked 'Without Prejudice'.
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