Can i submit evidence

[aspie1]

Hi Everyone

I issued a claim through the Small Claims Court several months ago and the defendant submitted a request to have the claim struck out on the basis that there was not a legal connection between me and them and provided evidence to support. I was expecting this as they said they would do this and there is a hearing to sort this out in June. I have evidence to support my belief that there is a contract between us. As I understand it if this was the actual hearing for the claim I would be instructed to submit my evidence at least two weeks before the hearing but I have had no such instruction to submit evidence to support my belief that there was a contract between us. Can I send my evidence in - with copies to the defendant, even though there has been no instruction to do this otherwise the defendant can support his argument but I cannot support mine.

[Amethyst]

Yes you can put a witness statement in ( file with court and serve on other side) 14 days before and if necessary a skeleton argument I think up to 3 days before - likely a witness statement would be enough though in argument against the application to strike - and you can include evidence with that. Is the strike app solely on the grounds that the claim is against the wrong entity ( so no contract between you?) - is it in small claims track ?

[aspie1]

Amethyst

Thank you for your response. Yes the strike out is solely on the grounds of wrong entity.

[Amethyst]

Okay - is it something like you've sued an individual as you believed you contracted with them as an individual and they are saying you contracted with a Ltd company etc ?

( If you're happy then it's fine but a third pair of eyes can often help get your arguments straight )

Format wise there are some examples of Witness Statements here >>> Witness Statements

[aspie1]

I believe I am okay with my argument but I do appreciate the sample witness statement. Thank you again for your help.

[Amethyst]

Cool Well you know where we are xxx