Urgent evidence question

[Hammy0107]

I am making a claim through the small claims court and at the stage where direction questionnaires have been filed (or not in my case but that's another story). I provided the court and the defendant with the evidence I had at 'letter before action" stage as per protocol. I have now come into possession of damning evidence that will put the defence seriously into question. The defendant is saying I can't use evidence not already supplied. I don't think this is right. Who is right?

[R0b]

Re: Urgent evidence question

The answer depends on how far into the process you are. Has the court given any order for exchange of evidence? Usually the court will give an order that exchange of evidence is no later than 7 or 14 days before trial, I assume you have not received any order from the court yet as you have only completed your directions questionnaire. Unless you have missed the deadline for exchanging evidence relied upon then you are free to rely on it, even if you already exchanged evidence you could ask permission by the court on the day of trial to use it as it came into possession after the date of exchange.

If they continue with the trial you could ask for further costs too if the evidence is strong in your favour and they are refusing to settle due to their unreasonable behaviour.

[des8]

Re: Urgent evidence question

B******S
Small claims track = strict rules of evidence do not apply (CPR part 27)

Directions will probably be along the lines that you serve and file all evidence you intend to rely on seven days before trial date.

[charitynjw]

Re: Urgent evidence question

CPR 27.2(1)(c) & 27.2(3)
Court's discretion.