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Options when defendant doesn't file evidence before a court hearing.


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When both sides of a claim are ordered to file before a hearing and the defendant doesn't, are there options open to the claimant to get the defence struck out based on this failure?

 

It is possible the defendant is waiting to see if claimant pays the hearing fee (claim is struck out of they fail to pay) - hearing in 4 months time with the fee payable a month before. I presume the defendant will then try and serve evidence the day before the hearing.

 

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Hearing fees are usually paid pre disclosure and statement date of exchange...any [arty that fails to comply with a direction risk their claim /defence being struck out.

You cant submit evidence the day before a hearing....normally its 7/14 days.

 

Andy

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