Hearing pending, any advice please?

[Guest]

I have a hearing next week to address a claim I made against a rogue builder and to defend their counterclaim.
Thanks to the help of you all, I put together a bundle which I submitted and which I think, indeed hope, was well ordered and relevant.
I wanted to ask for advice from those of you who have been to the county court, as to how I should prepare for the hearing and if there are any golden bits of advice which you think might help.

Additionally, I received a letter from this builder a couple of days ago which he has sent to the Clerk at the Court, complaining that my submitting my bundle later than he submitted his places him at a disadvantage and that he was displeased that my friend had delivered the bundle to his property by hand. He also has asked that the Court does not allow evidence I submitted from another party who has raised concern about his work, alleging that he has reported this person to the Police for malicious communications. I'm not sure whether anything will come from any of this, but I'd be grateful for any advice you might offer. Again, I hope that this helps others.

[jaguarsuk]

The important point is whether you met the courts deadline to file, even if it was on the day of the deadline? If you did then your evidence will not be disallowed.

As for you effecting service by hand that allowed in CPR and is a non-starter.

Regards the contents of your evidence they don't get to dictate that and if he wants to argue the credibility of a witness he ought to do so at the hearing.

Expect him to bring it up immediately at the hearing and simply request the judge that you may respond and state "My Witness Statement and attached evidence bundle were filed and served within the deadline ordered by the court. Service was compliant with CPR and it makes no provision for the defendant to be grated a witness statement be disallowed for the reasons he has set out. If he wishes to argue the credibility of a witness, he ought to do so at this hearing and evidence his arguments."

General prep...

Know your case, so know the main points you want to cover. The point is to prove you entered into a contract, he didn't fulfil the terms of it and you are seeking to recover your loss, so when making you opening statement structure it in that order.

Always talk to the judge and not the other party, do not under any circumstances interrupt the judge or the other party, even if the other side are telling outrageous lies let them finish and then counter their argument. If they interrupt you make the point you are allowing them to fully plead their points and you would like the same courtesy and always refer to the judge as sir, ma'am or judge.

The hearing is about the facts of the claim, of course, but the burden of proof is the balance of probabilities. In other words it's decided on what's most likely happened and that means establishing yourself credibility will go along way to your points carrying more weight, hence my suggestion of how to counter him re-raising this issue.