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I lodged a claim in December 2019 and was given a hearing for February 2021 with the small claims court as it is under £10k. I'm assuming it's taken this long as the courts are overwhelmed. Having waited for over a year for this hearing to take place, it has now been vacated as the court could not appoint a judge. With this in mind, I'm wondering if it's not too late to file a summary judgement claim, under Part 24, on the following basis:
1- The defendant filed their documents 10 days later than they should have and have very clearly tailored their documents to the evidence I submitted (on time). There is no doubt in this as they have acknowledged and responded to my witness statements on a point by point basis. They even titled their documents response to AA response to BB (for example)
2- Within their documents, the defendant has produced a solicitors letter which I have never seen and has never been submitted to the court before either. This letter appears to have been made up in response to my documents and has never even been mentioned before February 2021. Also rather worryingly, having done a google search as I think the solicitor is related to them, an article about the solicitor acting corruptly came up.
3- The defendant has only produced a series of opinions in the documents that were served late and no actual facts or concrete evidence like I have.
4- The defendant has made a number of false claims which I can provide evidence for.
With the above in mind, please can someone give me guidance on the likelihood of getting a summary judgement and how I can apply successfully without the application being rejected?
1- The defendant filed their documents 10 days later than they should have and have very clearly tailored their documents to the evidence I submitted (on time). There is no doubt in this as they have acknowledged and responded to my witness statements on a point by point basis. They even titled their documents response to AA response to BB (for example)
2- Within their documents, the defendant has produced a solicitors letter which I have never seen and has never been submitted to the court before either. This letter appears to have been made up in response to my documents and has never even been mentioned before February 2021. Also rather worryingly, having done a google search as I think the solicitor is related to them, an article about the solicitor acting corruptly came up.
3- The defendant has only produced a series of opinions in the documents that were served late and no actual facts or concrete evidence like I have.
4- The defendant has made a number of false claims which I can provide evidence for.
With the above in mind, please can someone give me guidance on the likelihood of getting a summary judgement and how I can apply successfully without the application being rejected?