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Defendant has not served witness statement in time

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  • Defendant has not served witness statement in time

    Hi

    I hope someone can offer someone can offer some advice please.

    I am the Claimant . In January a judge in the Small Claims Court ordered that I and the defendant serve and file witness statements by 17 February. I have complied with the order but the defendant has not and the witness statement is now overdue. The defendant has been a nightmare to deal with. eg not sending me copies of documents that he has sent to court and sending the court copies of my WP letters. The hearing is at the end of May and I am told there will be consequences if *I* do not carry out the order, ( I imagine losing costs ) but what consequences could the defendant expect and is there anything I can do to bring this matter now to an earlier conclusion than May?
    Tags: None

  • #2
    Have you checked with the court that he's filed one?
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #3
      Hi

      Thanks for replying .

      I haven't been in touch with the court yet as it's only a few days late at the moment and I was waiting to see what the good people on here might come up with. It's such a faff ringing the court these days, last time I was 72 in the queue, so I was hoping to go armed with one or two follow up questions as well. It's unlikely that he has sent something to the court without sending copies to me as he has done this before and there is now a specific court order saying he must send me copies of everything that he sends to court. His not doing this in the past has delayed the claim by nearly a year.

      *

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      • #4
        Just because there's an order doesn't mean he's abiding by it. Check with the court.
        COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

        My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

        Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

        Comment


        • #5
          Re yours today @ 8.47am.

          That's true, I shall call them Monday and see what the state of play is.

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