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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am a litigant in person (Defendant) in a small claims claim.

Resolved Question:

I am a litigant in person (Defendant) in a small claims claim. The other party has used delaying and intimadatory tactics. Whilst the hearings has been delayed a number of times I made my concerns known to the Court that the other party seemed reluctant to exchange witness statements and other pertinent documents. The Court made an order at its own initaitive for both parties to exchange documents within seven days. I complied. The other party just sent the documnents they supplied to the Court in December 2013 but just in a different order. There was no witness statments, tender documents or contract. They mentioned they would forward other supplementary documents at a later time. This they did and was after the seven days allowed in the order and consisted of two witness statements.
Today a another Court arrived at the Courts own initiative stating "Parties are debarred at the final hearing from relying on any factual evidence or documents not already filed with the Court and served.
The questions are as follows:-
1 As they are not allowed to rely on the witness statements submitted does that also mean those individuals will not be allowed to give oral evidence?
2 Does this also mean I will not be allowed to refer to the stements because in one statement there is a admission of liabilty albeit small but effectively says yes there were faults but they were so small they would be rectified by others at a later stage of the building work. I hasten to add they were not minor the building inspector would not pass their work.
3. Finally if they cannot have witneses who and how can they represent themselves. Would it just be someone else from the company concerned who was not one of witneses whoes statement is deabarred?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Does it say cling
Alex Watts : Does it say claimant debarred?
Alex Watts : Did you file a statement?
Customer:

Not sure what you mean "does it say cling". No the latest Court oder is directed at both parties not just Claimant although the last "Unless Order" was directed at Claimant, and yes all my statements and documents were filled before all order requiring me to do so.

Alex Watts :

Yes cling - I pressed return instead of delete!

Alex Watts :

When did you have to submit statements by and when did you?

Customer:

I have complied with the Court Orders these questions are about the other party and their compliance not mine.

Alex Watts :

Ok - thanks

Alex Watts :

1) No - they can still give oral evidence but it will be limited to what is in their claim for clarification purposes, that is it

Alex Watts :

2) You cant refer to them as they are not evidence, they form no part of the case

Alex Watts :

3) They will have difficulty. They can be represented but only able to adduce what is in the claim, no statements or further information

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for that.

Alex Watts :

Happy to help.

Alex Watts :

If I could invite you to rate my answer before you go

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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