Defence failure to comply with court Order

[prophet01]

I've drafted a fully anonymised verson of the statement and can provide a link for anyone to read if you have time.

It would be preferable not to have to go to court and, as I said earlier, if there's an opprotunity to win the case without having to go to court I think it should be considered.

The hearing is 18 March.

I did, at post #25.

[prophet01]

With the information and advice you've both helpfully provided so far I'm settled on not applying for summary judgement. Further, as I'm pretty confident that our case is rock solid and that he has nothing he might conjure up which would scupper us I'm quite comfortable with not formally applying for any sactions.

As matters stand, what I think we should do is to simply follow the suggestion of the court officer, to write to the court notifying of Mr. Crappy Roofer's failure to comply with the court Order to deliver his witness statement to us and to the court.

Also to notify that he used the information we properly delivered to him to gain an advantage through contacting the second roofer who provided a report for us setting out the substandard work he'd found done by Mr. Crappy Roofer.

Any thoughts on this proposed tack gents?

I've drafted the following to send to the court by email. Any thoughts would be appreciated.

Dear Sirs

As advised by the court officer during a recent telephone conversation, I wish to bring the following matter to the court’'s and the judge'’s attention.

The defendant in this case, Mr. Crappy Roofer, has failed to deliver to me any of the documentation — including his witness statement —as required by the court Order dated 25 November 2024, a copy of which is attached.

Further, within a matter of hours after delivering to him my witness statement and accompanying documents, a text message from him confirmed that he’d used my delivered information to contact a third party I’'d referred to in my witness statement. His text message suggested that the information he'’d gleaned from that third party proved his case and he suggested I drop the claim.

In response I confirmed that he’'d failed to deliver to me the documentation and witness statement as ordered by the court. I further requested that he send me the information he’'d gleaned as a consequence of using the information I’'d delivered.

To date he'’s failed to provide that information as well as the documentation and witness statement ordered by the court.

I wish to express my concern that by complying with the court order to the best of my ability I am now severely disadvantaged as the defendant is privy to the whole of my case and evidence whilst, as a consequence of his failure to comply, I am not privy to his.

I ensured that I complied with the court order to the best of my ability as I was anxious not to fall foul of the warning at the foot of the court order which states:

Warning If you do not follow these Instructions within the time limits, the judge may decide that your case should be struck out, which means that you will not be able to continue to bring or defend this claim, and the other side may be able to ask the court to make a judgment against you.

That the defendant has gained an advantage over me by wholly disregarding the court order seems to me to be quite unfair and an abuse of the court process.

[prophet01]

Pezza54
atticus

Any thoughts on my proposed letter to the court please?

[Pezza54]

Your letter seems okay. Make sure you amend "Mr Crappy Roofer"

[prophet01]

Your letter seems okay. Make sure you amend "Mr Crappy Roofer"

But, but, but... he is a crappy roofer

Appreciate the input.

[prophet01]

So the court's response is as follows:

Good morning

All evidence you intend to rely on at court must be disclosed to the other party as you have done. Failure to supply the other party with evidence you intend to rely on in court will need the judge’s permission to be relied upon, and permission may not be granted..

The Defendant will need to ask the judge for permission to rely on the evidence as he is now out of time. He can however, make an application to the court prior to the date of the trial, for relief from sanctions, asking for evidence filed out of time to be allowed. If this application is made you will be given notice.

At least the point's beeen made and the court alerted.

[Pezza54]

Note the wording "permission may not be granted"
I doubt the defendant will ask for permission to present his witness statement. Will you be brave enough to speak up in court if the judge just lets the defendant present his statement?

[prophet01]

I''m not sure it's about being brave.

Even though I'm highly confident in the strength of case and 100% certain that Mr. Crappy Roofer has no unrevealed evidence which might weaken it this is a matter of huge principal for me.

I would absolutely challenge the judge.