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Claimant Witness Statement Deadline?
BlackWolf
post Tue, 20 Aug 2019 - 18:20
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So there's a little Court Case coming up and The Claimant has delivered their Witness Statement 1 day before the case is due to be heard. Would it be safe to assume that this Witness Statement can simply be ignored due to it being waaaaay past the two week deadline before hearing?
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post Tue, 20 Aug 2019 - 18:20
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ostell
post Tue, 20 Aug 2019 - 19:01
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You will have to bring it to the attention of the judge and ask that it be disregarded.
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BlackWolf
post Tue, 20 Aug 2019 - 19:04
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I certainly intend to do that as it is a clearly obstructive move on their behalf
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The Rookie
post Wed, 21 Aug 2019 - 04:02
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The Judge can decide to
1/ Disregard it and continue.
2/ Allow it.
3/ Adjourn.
It's the Judges decision.

Of course PPC's are well known for delivering it late, apart from anything else it allows them to add lots of new material when its too late for the defendant to counter it in their own WS unless they've had the foresight to cover all possible eventualities.

Same case as http://forums.pepipoo.com/index.php?showto...6157&st=100 ?

You'll need to ask a Mod to merge them if so.


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nosferatu1001
post Wed, 21 Aug 2019 - 07:02
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Explain that this is a clear berach of the order and you are CERTAINLY prejudiced in being able to prepare
Ask for it to be excluded, and as that means the C will have no proof of their claim, the claim should be struck out. This isalso clearly unreasonable behaviour - solicotr firm acting for them? If so go in even harder.
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Redivi
post Wed, 21 Aug 2019 - 08:12
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Of course PPC's are well known for delivering it late, apart from anything else it allows them to add lots of new material when its too late for the defendant to counter it in their own WS unless they've had the foresight to cover all possible eventualities.

Also ask the court to strike it out if it's not a statement of facts but new legal arguments citing court cases and therefore not a genuine witness statement

Doubly so if it hasn't included the text of the cases, that are often obscure and have nothing to do with private parking

IIRC one company ParkingEye? used to include a case concerning the liability of the guarantor of a loan to build an oil refinery
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