Claimant has failed to submit / exchange witness statements

[missmoore]

I wonder if anyone can give me some advice.

 

I am defending a claim against a previous employer and the court date is scheduled for early September. They had until yesterday (24 August 2011) to submit / exchange their witness statements for which they have failed to do.

 

What happens next......

[Andyorch]

Hi Missmoore and welcome to Cag

 

Have they failed to submit it to Court or just to you? have you submitted yours and sent them a copy?

I would allow a few days or even a week then contact the court with regards to them failing to comply with Court Directions.

 

Regards

 

Andy

[missmoore]

Hi,

 

They failed to submit them to the court and to me. I have provided the courts and previous employer copies of the witness statements, so i'm not too impressed as they now have the opportunity to re-write their statements having read mine

 

The court date is less than two weeks away, so want to know as much as possible as to what i can do, say at the hearing or even get it struck off if possible.

[Andyorch]

I always advise for that very reason never exchange until you have received theirs.Make sure the Court gets theirs on time but as you state they now have the heads up.Take a look at your Notice of Allocation and directions if it states that penalty for not complying with the dates may result in the Court striking out then consider that option in a few more days.

 

Best of luck

 

Andy

[missmoore]

The letter says the following:

a) Each party must deliver to every other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than 14 days before the hearing.

b) The Judge may refuse to consider a document or take into account if a copy of it has not been sent to all parties.

c) Both parties shall, no later than 14 days before the hearing serve on each other the witness statements of themselves and all witnesses on whom they intend to rely.

I did not send them their copy of the witness statements until the last day as i didn't want to be the one to fail the courts directions.

 

Because they have not submitted the witness statements to the court on time can i ask the Judge to strike off or refuse the statements? or can i amend mine (as could of done a better job as kind of got confused)

[Andyorch]

There will be a note in the Notes: section.

 

. If you do not comply with these directions, any other party to the claim will be entitled to apply to the court for an order that your statement of case (claim or defence) be struck out.

 

So as stated wait a few more days, check with the court and if still not submitted or received by yourself then you have the option to make application to strike out their claim.Alternatively you could make application to amend or resubmit a further WS.

 

Regards

 

Andy

[missmoore]

Will do.

 

Thanks for your advice Andy

[Ganymede]

I would imagine that nothing will happen to the Claimant.

 

In reality a delay of a day or two won't prejudice your case.