Suspicious witnesses attendance to a Small claims hearing

[Ganymede]

Sorry for the delay.

 

We were not sure that the final hearing remained listed. Knowing we've received the Claimant reply to defence only yesterday 13 June 2014 in which he's asking that the Defendant to prove the issues described in his defence do we need permission before filing Witness statement?

 

Can we include pictures of emails inside our witness statement?

 

This claim is a bit of a mess. There was no need for an application as the hearing date of 16th June remained in place so it was a bit pointless.

 

Your hearing is in 2 days, I'm not sure why you're asking about exchanging witness statements now. I thought you said this had already been done?

 

What did the Court order relating to exchange of witness statements??

[JennyHope]

No, the claimant did not serve a copy of their Directions Questionnaire on me (relative) : In fact, originally the Claimant filed a claim A under section 8 and 21 because we deducted the gas engineer and plumber works we paid by our own from the rent. In the first/original claim A there was a Directions Questionnaire that we (Defendant) served to the court and Claimant since we made a counterclaim. Presently, the Claimant filed another claim using as evidence the notice of claim A with a new witness statement on which he put "Claim No TBC".

I just checked it my relative : presently it is an accelerated possession claim under section 21 in reference to previous claim A. My relative did not serve a witness statement but instead until present we just filed the form and continued this last on others sheets with the heading 'DEFENCE (continued)'.

[JennyHope]

Your hearing is in 2 days, I'm not sure why you're asking about exchanging witness statements now. I thought you said this had already been done?

 

What did the Court order relating to exchange of witness statements??

 

We did not provided a witness statement but a defence by filling the defence and user further douzen sheets as 'DEFENCE (continued)' for this purpose.

 

What did the Court order relating to exchange of witness statements??

 

The court did not ordered anything about this.

[JennyHope]

In all claims once a defence has been submitted ...Direction Questionnaires completed and submitted the claim is allocated.You receive a Notice of Allocation....this lists the directions and invites parties to submit a Witness Statement along with their disclosure to exchange simultaneously.

 

Thats the process...

Presently, it is an accelerated possession claim B under section 21 in reference of a previous claim A which was under section 8 and 21 (my relative is claiming invalidity of this last since at the first hearing the court stated that the claim was invalid).

Edited June 14, 2014 by JennyHope

[Ganymede]

We did not provided a witness statement but a defence by filling the defence and user further douzen sheets as 'DEFENCE (continued)' for this purpose.

 

 

 

The court did not ordered anything about this.

 

 

Ok I see. Your relative's witness statement is a totally seperate document to your Defence and served after the Defence.

 

It is very late in the day to serve a witness statement now.

[JennyHope]

Ok I see. Your relative's witness statement is a totally seperate document to your Defence and served after the Defence.

 

It is very late in the day to serve a witness statement now.

We have been told that we can bring it to the court on the day of the hearing.

 

There is a mandatory deadline?

[Ganymede]

We have been told that we can bring it to the court on the day of the hearing.

 

There is a mandatory deadline?

 

Who told you that?

[BazzaS]

We have been told that we can bring it to the court on the day of the hearing.

 

There is a mandatory deadline?

 

If your opponent used "ambush law" and provided "new information" on the day, you would probably cry "foul!".

 

Each side is supposed to disclose information they intend to rely on, in advance.

 

Judges do have latitude to allow new information not previously disclosed, but only where it is just to do so, balancing "the reasons why it wasn't disclosed in advance" against its necessity for a just outcome.

 

SCT tends to allow more latitude for litigants in person, but "We didn't know the rules" isn't going to be seen as highly persuasive on its own.......

[Ganymede]

Any updates on this?

[JennyHope]

Who told you that?

That was the court. The case is postponed to next Friday since my relative was faster than me and delivered his witness document and evidence directly at the court.

 

However, it seems that the court has changed the court hearing to just a defendant hearing.

[JennyHope]

Any updates on this?

 

My relative received the reply to his defence from the claimant last thursday requesting that we prove some facts and apparently my relative delivered his witness statement with evidence at the court the same day (thursday).

 

However, we do not know if we should attempt the hearing on Thursday since it is supposed to be a court hearing instead of a hearing for our application to set aside and about our defence (especially since my relative has provided the further information\evidence requested).

Edited June 18, 2014 by JennyHope

[Ganymede]

Yes you absolutely must attend every hearing. Failure to do so and you will lose automatically.

[JennyHope]

Yes you absolutely must attend every hearing. Failure to do so and you will lose automatically.

Then we will attend. However we've asked the court today to clarify the purpose of the hearing.

[JennyHope]

Others issues have rised but I believe it is now too late for that (hope the defendant could easily demonstrate issue at the court).

Edited June 18, 2014 by JennyHope