No witness statement provided

[Guest]

Hello all
i am suing someone. At the directions hearing the judge asked us both to provide witness statements, me first and then the defendant had four weeks to respond with their witness statement. They haven’t provided a witness statement at all, the court has confirmed this. Is this to my advantage or is the judge just likely to adjourn the case to give them more time?

[jaguarsuk]

You could apply for the defence to be struck out and summary judgement on the grounds that not complying with the order means the defendant has no real prospect of defending the claim, but at £255 and the chances are the court would issue an unless order giving them another chance it might be better to just go to the hearing to ask for this in person to save you the fee.