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'Unless' order?

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  • 'Unless' order?

    Hi
    I am a litigant in person in the county court on a £1000 claim and £4500 counter claim for liquidated damages. The claim is in the small claims court.

    I am the Defendant/Counterclaimant. At the Directions hearing it was ordered that discovery and witness statements be served by 4th Jan. The claimants got a time extension for the service of witness statements until 10th Jan. I called the court and they said the extension did not apply to discovery. So I served my documents by 4th Jan. I served by witness statements on 10th Jan. This means that the Claimants had sight of my documents when compiling their witness statements.

    The Claimants have served witness statements which some document attached as exhibits. However they have not served any discover or most of the information which is referred to in the witness statements.

    Can/ should i apply for an unless order and if so on what form, at what costs and will I get the costs back?

    The claimants have said in the directions hearing that they wanted to mediate but ticked 'no' on their form, and have did not register for mediation as recommended in the directions order either.

    What do you suggest?
    Tags: None

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