Fast Track Claim - Witness statement is it too late to disclose

[James Ashworth]

Hi Everyone,

I've been going through a long drawn out Civil Court case allocated on the fast track route regarding a neighbour encroachment/possesion and I have obtained a crucial witness statement 5 days before the file hasto be submitted to Court. Dislosure has long past - does this mean I am unable to use and submit the witness statement.

Do I have any options? could I reference in the skeleton argument, should I send to defendant anyway but not submit to Court and then ask on the day if it can be disclosed?

All help much appreciated

[pt2537]

Hi Everyone,

I've been going through a long drawn out Civil Court case allocated on the fast track route regarding a neighbour encroachment/possesion and I have obtained a crucial witness statement 5 days before the file hasto be submitted to Court. Dislosure has long past - does this mean I am unable to use and submit the witness statement.

Do I have any options? could I reference in the skeleton argument, should I send to defendant anyway but not submit to Court and then ask on the day if it can be disclosed?

All help much appreciated

The starting point will be the Courts directions, if you are barred from adducing any evidence not served in accordance with the Courts order then you may well have to make an application to the Court to be able to rely on it. If you are unrepresented im afraid this wont carry any weight with the Judge, represented or not the rules have to be complied with, so if you need this evidence in play at trial then the only safe way to ensure you have the best chance of getting it before the judge is to apply