Late Witness Statements Small Claims Track

[Recently_Bereaved]

Hi guys I was hoping for your further inciteful help. I am the defendant in a Small claims track case. We had notice from the Court of a hearing date set for the 4^th September 2024. The Court notice advised that all statements (and other documentation to be relied upon) must be sent to the other party by the 17^th May 2024. I duly complied. The claimant however failed to do this. I emailed the claimant, the day following the deadline, to advise he was in breach of said deadline and that he would now need to apply for relief from sanctions, in line with CPR, should he wish his evidence to be considered. There was no response. I spoke to the ‘listings team’ in the Court on the 24^th May, 1 week after the deadline, who confirmed that whilst they had received my statement + evidence, they had received nothing from the claimant. Now finally today on the 30^th May, 13 days after the Court deadline, his witness statements have arrived. They serve as a rebuttal to my evidence in significant part and I believe this unfairly prejudices me.

My question to you guys is:

should I write to the Judge, named, on the Court notice advising him of these events at this stage (I am not even sure if CPR allows me to do this? Is it acceptable for me to approach the Court in this fashion or indeed do I need to do it via some sort of application, which I have to pay for? I am not sure on the rules here?). I would prefer this option if I am just allowed to send a letter in to the named Judge

OR should I just wait until the day of the hearing and had in a written note to the usher advising of these facts (and copy to the claimant party).

Many thanks in advance guys

[atticus]

I hope you want help that is insightful in nature!

Make your points to the judge in the hearing. In the meantime, prepare your response to these statements.