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geordiellad
Hi all,
I am due in Court very soon and would appreciate any help with my query.
In the Notice of Allocation in the Small Claim Track I received, there is a deadline when all parties must receive the relevant Statements.
If any party does not receive the Statement before the deadline then the offending party's Statement will be struck out
I have proof that the Claimants Statement was not even posted to me until after the deadline.
Do you think that this will be enough to stop their claim against me.
Thanks




The Rookie
No, it's down to the judge on the day, they may or may not decide to allow the statement to be used in evidence.

Even without the statement there is a claim to be heard although probably hard for them to win without it.
emanresu
Read what happened here. The claim was thrown out - but at court. You might want to rehearse some of the arguments and put it in a Skeleton which is sent to the court at least 3 days prior. Send a copy to the other side with a suggest if they file a Notice of Discontinuance, you will not ask for costs

http://forums.moneysavingexpert.com/showpo...mp;postcount=27

QUOTE
So onto point two of my defence skeleton, that the late filing of the claimant's witness statement was in breach of the directions of the court, and that it should not be allowed for the following reasons:

- this was the first information sent by the claimants about their case, and my ability to properly understand and defend the claim was hampered. Whilst the claimant is represented, I am a litigant in person, and was able to meet all the court's directions

- the late-filed witness statement capitalised on my own statement being filed on time, by attempting to rebut the points I had made in it, creating an unfair advantage for the claimant

- the claimant is a professionally represented serial litigant with unlimited access to legal advice from qualified legal professionals. It is inexcusable for them not to comply with the court's directions, and their failure to do so is an abuse of process and contempt of court

The judge noted the witness statement was received by me and the court two days late, and that the claimant would have to apply for relief from sanctions (presumably the sanctions imposed by the civil procedure act). Their counsel had received no instruction as to why it was submitted late, and the judge agreed that their witness statement was at least in part a response to my own one.

The judge noted that the claimants are a large parking organisation represented by a solicitors firm involved with a very large number of parking cases across the UK.

In considering any application of relief from CPR sanctions, the court had to look at S.3.9 and consider all the circumstances to deal justly:
- the need for efficient litigation
- the need to enforce compliance
- considering all the evidence in the case

The judge had to look at the decision of Denton re granting relief from sanctions, and ask whether the breach was a significant or important one.

She found that the breach here was not trivial, and that it caused significant inconvenience to the court and the defendant.
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