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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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Why does a Defendant have to send their Witness Statement to

Customer Question

Why does a Defendant have to send their Witness Statement to the Court 14 or so days before the Claimant sends theirs? .....is this a legal requirement as my son wishes to defend himself? it is involving the sale of two houses.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, my name isXXXXX will do whatever I can to help you today.

Is this a county court claim?

What does the court order actually say?
Customer: replied 3 years ago.

Yes it is a County Court Claim


 


The Court Order says


4. The Defendant to send to the Court and to the Claimant his Witness Statement by 4pm 19 March 2013


5. The Claimant to have permission to respond by Witness Statement and to file and serve [can't read the word it is handwritten!!!] and any other Witness evidence upon which she tends to relyby 4pm 2nd April 2013

Expert:  UK-Justice replied 3 years ago.
Is it a small claim?
Customer: replied 3 years ago.

No it is regarding the sale of two houses ....the Defendant has paid all the monies owing to his parner she wants her name off the mortgages but he has not sold the houses yet

Expert:  UK-Justice replied 3 years ago.
Ok. And when order was made did the person attend court?
Customer: replied 3 years ago.

Yes both parties attended Court ....would it be better for me to contact my sons' Barrister?

Expert:  UK-Justice replied 3 years ago.
So both parties were represented?
Customer: replied 3 years ago.

Yes my sons ex partner had spent extensive costs £11.500 and my son had his Barrister just for the day because of costs


 


The first house had got to point of sale as ordered from a previous Hearing and his partner refused to sign unless he had her name removed from the second house? [which he lives in] so the house sale fell through .....this is why the Case went back to Court.

Expert:  UK-Justice replied 3 years ago.
Thanks,

Normally I can say that statements are exchanged at the same time,

That is the normal rule.

But if your son was legally represented there must be good reasons and these must have been considered by the judge,

Without seeing the transcript of the hearing I can not say what reason the judge gave for doing this.

But it would appear from reading the order that the claimant has already filed a statement.

If that is the case the judge is simply saying well the claimant has filed the evidence so the defence should then disclose their statement and position,

If the claimant has already filed a statement then they can respond to any issues raised in the defence witness statement,

But it appears that the claimant has already filed a statement and this appears to be the reason behind it.

If there you have any questions or if I can help you with anything else please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

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UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

My son was advised to make a Statement regarding the sale


 


headed WITHOUT PREJUDICE SAVE AS TO COSTS and his former partners new husband is going to make her Statement on the date as advised ....two weeks later! can you explain why? please

Expert:  UK-Justice replied 3 years ago.
Without prejudice means its cant be used in Court.

This is because if the details form part of a settlement they are not disclosed normally to the Judge.

That may be why.


I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Would you advise my son to get Legal help?


 


his ex partner and her new husband obstructed sale of the house once? as she wouldnt sign? apparently couldnt be forced to as there was no Plan of Sale then they tried to get an Order for him to auction BOTH houses, they want to ruin him!


 


My sons' ex partner the one that left with their 18 month old child ...they had been together for 14 years


 


My son has a small painting and decorating business and obviously hasnt got the money to waste on large Legal Fees he instructed a Barrister last time but just for the prep... the day before and in Court on the day but this Case has been dragging its heels ...he acted for himself before but his ex partner and her new husband have spent £68,000 apparently on fees!!!


 


Just your advice about what he should do next please would be highly regarded and appreciated.


 


Many thanks


 


Susan Bryant

Expert:  UK-Justice replied 3 years ago.
I would suggest speaking to the Solicitor involved and discussing this...........

They can say about the exchange of statements and the reason why.


I hope this helps and if there is anything else I can do to help you today please let me know.


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.

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