If a company failed to send a Witness Statement as part of their evidence

[LarryKnowles]

Would that put them at a significant disadvantage come trial day?

[LarryKnowles]

Allow me to elaborate - taking a financial institution to Court. They do not seem to know what they are doing, as they have not submitted a Witness Statement with their evidence, as instructed by Court, just a bullet point defence. Whereas I did. How do I use this to my advantage please?

[LarryKnowles]

Come on y'all, help me out...

[R0b]

They wont be able to rely on evidence and no evidence will likely result in their claim being dismissed.*

[LarryKnowles]

I have already told this company that they don't stand much chance of winning their claim as there is no WS, but they have idiotically told me to go away. Do you think I should ask for the evidence to be dismissed now, or wait until the hearing? I would think the Judge would pick up on it straight away anyhow...

[LarryKnowles]

????

[jaguarsuk]

If you are at the stage of exchanging WS then you're within two weeks of the hearing and may as well just wait until then.

[LarryKnowles]

We're actually 5 weeks away.

[jaguarsuk]

Usually Witness Statements are ordered to be filed and served 14 days prior to the hearing, so has the court ordered something different in your instance?

[pt2537]

Allow me to elaborate - taking a financial institution to Court. They do not seem to know what they are doing, as they have not submitted a Witness Statement with their evidence, as instructed by Court, just a bullet point defence. Whereas I did. How do I use this to my advantage please?

First, you need to know what the Court order states. If its a small claims case then the order may say to the effect that the party may not rely on evidence at trial, this is not an absolute bar, small claims rules are slightly different to fast or multi track,

If your case is fast track and you have a standard fast track order, then it will most likely bar their evidence, which means they have to apply for relief under CPR 3.9

So the order is key.

Asking to have their evidence struck out can be a own goal, a sympathetic judge can let them off the hook and let them file evidence out of time, if however you are at trial and they have no evidence the options are more stark, they can apply to adjourn, thats an option, but they will be hit with wasted costs most likely, or if you successfully oppose such an application then the likely outcome is their defence fails for want to evidence.

The key point here is what does the Courts order say

[LarryKnowles]

It is small claims track. Instructions clearly state all Witness Statements and evidence by six weeks before the hearing date. No dates afterwards for submissions.

*

[pt2537]

Can you type up what the directions actually say so that we can make sure theres nothing hiding there that can cause you difficulties etc*

[LarryKnowles]

By the (DATE END JANUARY) each party must send to the Court and to every other party copies of all documents upon which that party intends to rely at the hearing. This includes the written statements of themselves and and of any other witnesses (if any).

Witness statements must: a) start with the name of the case and the claim number, b) state the full name and address of the person making the statement, c) set out that persons evidence clearly and in numbered paragraphs on numbered pages d) end with this paragraph: "I believe the facts stated in this witness statement are true" e) be signed and dates by the person making the statement.

At the end, underlined is states "warning: you must comply with this Order. If you are unable to do so, you must issue a formal application by using form N244. Failure to comply with this Order may result in the court striking out your case or refusing to take into account any evidence which has not been sent to the Court or to the other party. in accordance with this Order.

Their submission has no statement/s, and has not followed the directions in any way shape or form. The deadline was end January.

[LarryKnowles]

pt2537*jaguarsuk*R0b*

[pt2537]

Ok so there is no direct sanction for noncompliance so you would need to draw their failings to the courts attention at trial