Courts using email to serve documents

[GR01]

It would be beneficial for me if the witness attended because there is information they omitted in their statement that I can elicit if they attend, and that would be useful to my case.

[atticus]

If the witness attends to give evidence for the other party, the court should allow you to cross examine him or her. But you may not get the answers you are hoping for.

[GR01]

Thank you Atticus - that sounds like a sensible approach I think. In terms of the other party's witness, do I need to let the court know that I would like them to attend the hearing so that I have an opportunity to ask them questions?

So I posted my evidence bundle to the court and my opponent shortly before the court-directed deadline. My opponent then tailored his evidence bundle based on mine, including copying some of the language in my statement and evidence (they also provided other evidence dated after recieving my bundle).

They then delivered their bundle to me by hand as they had not left enough time to deliver by post.

As a result, I have been disadvantaged. I would want to add a couple of additional documents to my bundle which is now with the court to counter what has been tailored in my opponent's bundle.

My question is how should I approach this? The hearing is only a couple of weeks away, should I inform the court now or in the hearing, should I send the additional documents I want to add to my bundle? grateful for advice on my options and the process I should follow.

Thanks

[R0b]

As a result, I have been disadvantaged. I would want to add a couple of additional documents to my bundle which is now with the court to counter what has been tailored in my opponent's bundle.

That's part and parcel of the game. If you send your evidence to the other side before the deadline, you allow them the opportunity to tailor it and use it against you. I would always encourage exchanges by email as that way you could (at your own risk) leave it up to the wire and send the bundle 15 minutes before the usual 4pm deadline and that would not give them the opportunity to tailor it and rebut your points.

If you want to amend your evidence which forms part of your witness statement you will need to make an application to the court immediately at your own cost of £255. It might be sensible to do the changes and attach the new bundle as part of the application but send the application to the other side and the court at the same time. Reality is that the application would be heard on the day of the hearing as a preliminary point.

Alternatively, you could file an amended witness statement with the court and the other side, tell them your intention to ask the court to rely on the additional material to rebut the witness statement they have tailored and then it would be up to the court to accept. It's risky this way because the court has to give permission and its their discretion to refuse but you avoid the payment (which may be something the other side argues) and by sending to the other side you pre-empt them trying to argue that they have been blindsided by the amendments and need to adjourn or have the additional material tossed out.