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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I am taking a car trader to the small claims track, it

Resolved Question:

Hi, I am taking a car trader to the small claims track, it was to be held at my local court but the defendant applied for it to be moved equidistant. this was granted. the defendant sent me a revised witness statement from himself. I replied to this witness statement to him and the court. i have since received a letter from his legal representative saying-we have received a further document from you following our clients submission of a witness statement. The document has no relevance and is inadmissible. It is not permitted to have a `second bite of the cherry` after witness statements have been submitted.
Is this correct or is it an attempt at intimidation. kind regards.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help with this.

Alex Watts :

In terms of witness statements, have you sent the witness statement and additional documents 14 days or more before the hearing please?

Customer:

hi,i sent my first set of evidence to the defendant and to the court 30 days before the first hearing date. the defendant sent his defence statement soon after, I sent further evidence to his defence notes well within the 14 days.

Customer:

the defendant also sent in a witness statement with his own name on it I sent more evidence to counter his claims, the defendant then applied to have the hearing transferred to a court equidistant and this was granted. we then had a new court date sent and given new notice of allocation to the small claims track (hearing)and it says on it - each party shall deliver to every other party and to the court office copies of all documents on which he intends to rely at the hearing no later than 14 days before the hearing. the defendant sent me a revised witness statement, I sent in to him and the court more evidence to counter his claims. this was all done within the 14 days. I then had a letter from his legal representatives saying-we have received a further document from you following our clients submission of a witness statement (in his own name).the document has no relevance and is inadmissible. it is not permitted to have a `second bite of the cherry` after witness statements have been submitted. what I would like to know is, is what his legal representatives have said is correct (the evidence I sent to counter his revised witness statement is correct or is this an attempt at intimidation.

Customer:

not sure if you got my other replies, could you please let me know

Alex Watts : Did you send the new evidence within the 14 days please? Even the new evidence, just so that I am clear.
Customer:

yes it was within the 14 days. what they seem to be saying is - because the defendant has submitted his witness statement to me and the court I can not add any more evidence or respond to his witness statement. my response to his witness statement was within the 14 days of the court hearing.

Alex Watts : Ok you don't need to worry.
Alex Watts : A small claim is not simultaneous exchange like a fast track trial.
Alex Watts : You simply need to file and serve witness statements which you seek to rely upon 14 days before the hearing.
Alex Watts : Therefore these are allowed and can be used in court.
Alex Watts : If it was simultaneous exchange the order would say that
Alex Watts : Can I clarify anything for you about this today please?
Customer:

hi, would you consider this an attempt at intimidation, if so who can a complain too.regards, Paul.

Alex Watts :

No, its not intimidation. Court proceedings is like a game of poker.

Alex Watts :

They are just mistaken.

Alex Watts :

Does that clarify?

Customer:

many thanks. paul.

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