Set Aside Hearing help

[SetAside]

First of all thanks for providing this site it is a great resource I have followed all the guides and have a set aside hearing in 7 days.

I thought I had everything laid out in my witness statement and was confident in my arguments and evidence however I have today received the claiment's witness statement contesting the set aside and it's littered with facts (read: lies) that I can disprove with documentary evidence.

I am a litigant in person and have never undertaken any form of legal action before and the court processes are all still a bit of a mystery despite a lot of research.

I am wondering if I can file an additional witness statement to the court with a separate exhibit reference, it will be a telephone hearing so I can't just turn up on the day with documents that disprove the claimants assertions.

They have also quoted quite a bit of case law, I wanted to quote some more recent stuff back at them. But I understand I can't just spit this out at the judge on the day, I need to have made reference to it before hand.

I am very conscious that time is of the essence so I would be grateful for your support.

Thanks

[MIKE770]

Celestine

[echat11]

Hi Setaside

Here is some information -

https://www.justice.gov.uk/courts/pr...l/rules/part17

https://www.civillitigationbrief.com...-far-too-late/

pt2537 Can you please advise. Thank you.

[SetAside]

Just want to add after reading the second link that I don't actually intend to edit anything in my original witness statement.

I just want to add evidence that that I can rely on in response to the false statements in their witness statement.

[Celestine]

Have you attached any exhibits to your witness statement already submitted?
in attaching exhibits, they must be referenced in your WS - e.g “Statements supporting this fact are attached to this witness statement and numbered SA1 etc “
So your WS statement would change slightly. To be honest, given it is so late in the day and in the absence of any specific order barring submission of evidence, I would resubmit the WS with the exhibits attached. Email to court and opponent.
You may get told “no, not admissible’ but it would be worth the risk if the evidence helps your case.

[SetAside]

I don't know if I have messed up here, I have a witness statement and then a paginated exhibit reference that all comes under for example WS1. In my witness statement I refer to WS1 page 1, WS1 Page 2, WS1 page 5 etc etc.

I have not done WS1 WS2 WS3 for each of the pieces of evidence I rely upon, which I notice the Claimant has.

My statement of truth just covers the entirety of WS1. Does it matter do you think?

I will submit an amended Witness statement and an amended exhibit reference to the court via email. Should I change my evidence to be in the WS1, WS2 format or leave it as is?

It will be annoying if I cannot add evidence to counter what they say. I have clear evidence that show they are lying on a number of points in their witness statement. I have been debating asking for permission to file for contempt of court. But I would be way out of my depth.

[Celestine]

Personally I would separate each piece of documentary witness evidence. E.g letter dated 14/10/2020 is attached to this witness statement and titled/labelled WS1.
Buy in all honesty, it doesn’t make much difference, so long as the parties can easily understand what is being referred to. The important thing is to get these extra bits of factual evidence in your court bundle ASAP.

[SetAside]

Thanks Celestine, I managed to get the amendments sent off last night. I called the court this morning who confirmed it will be put before the Judge.
Grateful for your advice.
Although I fear I might have been a bit bombastic in my tone in some parts including a section detailing all the irregularities in the Claimants Witness Statement (There are about 10, all dates are wrong and blatant lies about the circumstances) and suggesting that due to these they are an unreliable witness. Which is the obviously the judges decision and not for me to suggest.

[Celestine]

Wishing you lots of luck with the hearing. Nothing wrong with a bombastic witness statement! Just make sure that during the virtual hearing that you listen very carefully to the Judge, be calm and measured and he/she should hear your case fairly. Glad to hear the court has confirmed the amended version will be accepted.

[SetAside]

Eeeek well the hearing is tomorrow and I am sitting down to go over all the evidence and to write my notes.

One thing that gets my heart racing a bit is not knowing how the proceedings will go in terms of the process, will I get a chance to set out my case in full before the judges questions or will he be interrupting me asking questions as I go? The Claimant is definitely attending too, so who goes first, me or them (I am the defendant who made the application to set aside)?

I understand that "Cross Examination" is not allowed, so does that mean I won't get to respond to what the Claimant says to the judge? I mean it is only a half an hour hearing!

I don't know whether I am going to be having to think on my feet quite a bit during my argument and should just write brief pointers as my notes, or whether I will only need to do so in response to the judges questions after the fact, in which case I can write out my full argument and just practice reading it off.

I am quite well versed in my argument and the evidence, I just need to have all the page numbers and everything so the judge can refer to it.

Alternatively I have read on here cases where the judge sort of steam rolls you and just goes straight into why it shouldn't be set aside (I hope they actually read the witness statement!) I think if that happens I'm likely to be a jibbering mess.

Can't thank you enough for the site though Celestine, whatever happens it has been absolutely invaluable.

[echat11]

I'm assuming it's a 'virtual Hearing', but the following will give you an insight -

https://www.smallclaimscourtgenie.co...udge-at-trial/

[Celestine]

Good luck for tomorrow! We don’t actually know any details on your grounds for set aside as your question was entirely procedural. Hopefully you’ll have read around on LB for examples of suitable arguments. For what it’s worth you strike me as exceptionally well prepared and have clearly put in the preparation needed. Yes, occasionally you get a dreadful Judge but overall they are fair minded like to see justice done fairly.

[SetAside]

Woohoo! Judgement set aside on mandatory grounds and Costs awarded.

The Judge has ordered I now have 7 days to file my defense! Sheesh no rest for the wicked.

[Celestine]

Brilliant news!! Well done