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So, bit odd, this one...
Hope someone can advise...
I had a hearing scheduled just before Covid and we exchanged evidence. There was no Witness Statement submitted by the Defendant, despite Court order to do so.
I took advice. Was told this weighs things heavily in my favour. It is a breach of CPR, and the specific Court instructions i.e. 'file signed and certified Witness Statements by this date.' and basically, it means that my evidence and Witness Statements will be about the only thing the Judge will rely on. The Defendant sent a bullet point list to the Court which looks like their defence, and they intend to be there on the day, but it is obvious this so-called legal rep. for their company does not know what he is doing,
So both parties then had to tell the Court what we wanted to do after Covid led to the cancellation of the final hearing back in May. Did we prefer to have things decided based on the written evidence already submitted, or have our attendance via telephone/video, or wait until we can attend in person?
After waiting three weeks for the other side to tell the Court what they wanted, they failed to respond.
I did respond, and advised I requested things to be considered on the so-far submitted written evidence.
The Court HAD told me that as the Defendant failed to answer, only my request would be considered and it would proceed based on the written submissions already made (remember, they have not even filed a Witness Statement by the deadline we were set).
The Judge has now ordered a directions hearing.
The odd thing is it is ninety minutes long?
Really, I now think requesting summary judgment would be beneficial, as the other side have acted so poorly.
Does anyone know whether I can still do this? And can anyone comment on the likelihood my request will succeed, given what I have explained about this case in the previous posts?
I suspect the length of this hearing is because the Judge thinks he might get the whole thing dealt with at this one single hearing.
Hope someone can advise...
I had a hearing scheduled just before Covid and we exchanged evidence. There was no Witness Statement submitted by the Defendant, despite Court order to do so.
I took advice. Was told this weighs things heavily in my favour. It is a breach of CPR, and the specific Court instructions i.e. 'file signed and certified Witness Statements by this date.' and basically, it means that my evidence and Witness Statements will be about the only thing the Judge will rely on. The Defendant sent a bullet point list to the Court which looks like their defence, and they intend to be there on the day, but it is obvious this so-called legal rep. for their company does not know what he is doing,
So both parties then had to tell the Court what we wanted to do after Covid led to the cancellation of the final hearing back in May. Did we prefer to have things decided based on the written evidence already submitted, or have our attendance via telephone/video, or wait until we can attend in person?
After waiting three weeks for the other side to tell the Court what they wanted, they failed to respond.
I did respond, and advised I requested things to be considered on the so-far submitted written evidence.
The Court HAD told me that as the Defendant failed to answer, only my request would be considered and it would proceed based on the written submissions already made (remember, they have not even filed a Witness Statement by the deadline we were set).
The Judge has now ordered a directions hearing.
The odd thing is it is ninety minutes long?
Really, I now think requesting summary judgment would be beneficial, as the other side have acted so poorly.
Does anyone know whether I can still do this? And can anyone comment on the likelihood my request will succeed, given what I have explained about this case in the previous posts?
I suspect the length of this hearing is because the Judge thinks he might get the whole thing dealt with at this one single hearing.
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