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What should I ask for?
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Well the Claimant hasnt complied with the Court order so you would ask the Court to exclude their evidenceOriginally posted by LarryKnowles View PostI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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I'm thinking more in terms of the lack of a Witness Statement.
Does this mean I cannot cross examine the Witness? As I have no properly sanctioned Witness Statement to begin with? I think this man will be there at the hearing. Should I ask for his entire testimony, or presence to be somehow objected to?Comment
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I think you need to be clear to the court that you have no evidence thus have not been able to prepare for any cross examination , thus if the claimant is allowed to introduce evidence then they will be placing you at a disacvantange, so either the Court should adjourn the case with costs paid by the other side, or the Court should proceed with the case and disbar the other sides evidenceI work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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Okay so even though they sent me something, I am stating that it was not considered because it was not properly sent?Comment
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oh ok sorry i hadnt appreciated they had sent papers, i didnt have the time to reread the thread due to court commitments yesterday.Originally posted by LarryKnowles View Post
I think the point remains good, ok they sent their statement so you cannot say you havent had time to prepare but you can flag the point on the failure to comply.I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.
If you need to contact me please email me on Pt@roachpittis.co.uk .
I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.
You can also follow my blog on consumer credit here.Comment
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pt2537*Thank you. I have actually included half of what they submitted in my own (correctly submitted) papers. I am thinking, that stating from the outset that they have failed to submit properly, and are clearly disorganised, despite my telling them of these failings in advance, and asking the Judge to strike out their submissions or, alternatively, to recognise their failings as part of a pattern of disorganisation, negligence, and failure to carry out their due diligence, as I have shown in my own evidence, might be the way to go?Comment
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