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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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the order was said that all paper work should be sent to the

Resolved Question:

the order was said that all paper work should be sent to the judge and other partes I didn't recive mine
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hi thanks for your question. My name is Tony.

tdlawyer :

What would you like to know/ask me please?

Customer:

sirs been in the civli court on Friday I sent all paper work recorded to the third party but she never sent me hers

Customer:

hello are you there

tdlawyer :

I'm here.

tdlawyer :

Do you mean witness statements?

tdlawyer :

You send yours, but she not sent hers to you?

Customer:

hi the judge said all paper work and statmetment and witness satatments to be sent to each other , sorry yes that's right

tdlawyer :

Okay. Is this a small claim (i.e. worth less than £10k)?

Customer:

no its 19k but the judge said he can put it in the small claims if I agree

tdlawyer :

Okay. I asked just so I know what rules apply. Basically, then, if they have not served their witness statements on you, they will be prevented from relaying on their evidence at all at trial.

tdlawyer :

This means that to get permission to use their evidence, they will need to make an application to the court for permission. Unless there is an exceptionally good reason for the failure (e.g. she got hit by a car and was in hospital) then the court is unlikely to grant permission in most cases.

tdlawyer :

In other words, deadlines are proper deadlines and they must be complied with.

Customer:

I think I understand ,at the first hearing I didn't get her stamtments I was shocked

tdlawyer :

You should write to her and make it clear that, as you have not had the statements from her in accordance with the judge's order, that you consider her prevented from giving those statements now and using them as evidence.

Customer:

hang on this is amoney claim I sent all my stuff in she didnt

tdlawyer :

Yes, that's what I thought.

tdlawyer :

The position is as I've mentioned.

Customer:

ok sir I am slow on this so I can void them at the next hearing

tdlawyer :

If she has no evidence, then you are likely to win by default at trial.

Customer:

okay this is worrying me and it was at the court do you think I should get a solicitor on this

tdlawyer :

If it is worrying you, then yes, always worth getting somebody to help you.

Customer:

ok I was in there on my own in a wheelchair and she had 4 people with her

tdlawyer :

Okay, I understand. Yes, get somebody to help you if you wish to, you must always feel as comfortable as you can.

Customer:

ok thankyou any idears how much

tdlawyer :

I dont know I'm afraid because it depends on how many papers etc. you have but you can always limit your solicitors fees, just tell them not to exceed a certain amount so you don't get any surprises.

tdlawyer :

Also solicitors will, if you ask them, give you an idea of how much the cost to trial would be if you instructed them. They will need the papers to do this, but you can get them to do it.

Customer:

ok think I can sleep better to night ok can we end this now

tdlawyer :

thank you. XXXXX ask whether you are happy with the service today?

Customer:

yes thank you

tdlawyer :

Great - thank you. Have a great weekend.

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