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Matt Jones
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience:  I am a qualified and practising Solicitor with over 7 years post qualification experience
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how can i get some documents submitted to the court after the

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how can i get some documents submitted to the court after the deadline for standard disclosure and witness statements has passed. my opponents witness statements contain inaccuracies and possibly lies and the documents that have recently come to hand can prove his witness statements contain untruths. the trial is in 8 weeks
Submitted: 2 years ago.
Category: Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones :

HI I will help with this.

Matt Jones :

Is this a Fast track case or small claim case, and are you the Claimant or Defendant?

Matt Jones :

also what is the reason these documents have only just come to light?

Expert:  Matt Jones replied 2 years ago.
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Expert:  Matt Jones replied 2 years ago.
Hi
Can you reply to the questions above so I can help further?
Customer: replied 2 years ago.

Its a multi track case and I'm the defendant, where I submitted my witness statements three days earlier than the deadline. I believe they used my witness statements as templates to formulate some of their witness statements. I did not appreciate the value of some specific dates so I did not include them in my statement but I think they have made erroneous deductions and made assumptions that are obvious lies based on the documentation that I possess but didn't submit in standard disclosure as I did not see its value not expecting them to come to court and lie blatantly. These need to be submitted to the court to rebut their false testimony. I believe the case hangs on this evidence and the court needs to see it as there is a conspiracy of lies they believe I don't know about.

Expert:  Matt Jones replied 2 years ago.
Are you a Litigant in person, and are the other side represented?
Customer: replied 2 years ago.

I'm a litigant in person and the other side has a team of lawyers and a barrister. The claimant has sued hundreds of people but I think they have become complacent having grown used to winning and they have made such obvious mistakes provable by the information I hold but its gone past the deadline for standard disclosure and much of the information's value has only become obvious since receiving their witness statements. Much of the information, but not all, is a matter of public record but I think they simply can't see it. In three of their witness statements there are provable mistakes errors and untruths (lies). They have threatened to have me imprisoned. They have made representations to me that I have mis-led the court, none of which are true and they have made multiple applications to have my defence struck out based on Civil Procedures Rules but all have failed. This been the most disgustingly manufactured claim based on lies and misrepresentation so the information needs desperately to be admitted.

Expert:  Matt Jones replied 2 years ago.
OK thanks.
You have obviously signed the form N265 that certified that you have disclosed all relevant documentation whether it helped your case or not (indeed there is a danger that the very fact that you have not disclosed these make lead the Court to consider you are in contempt of court as you have signed the certification in the form N265 - hence proceed with extreme caution and only if you are happy you can provide a reasonable explanation).
Where the documentation is either found later or there is a reasonable reason that you couldn't find before then this provision is governed by CPR 31.21 which states:-
A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the court gives permission.
You will therefore have to make an application using form N244 giving details of the documentation, an the reasons for the previous non-disclosure. You must also serve this on the other side. The fact that the trial is so close means the hearing will have to be soon so you have to make it clear to the Court office that the hearing should take place very soon.
As to the witness statement, this is of course the evidence of chief of the Claimant. The purpose of this is to flesh out their case. The purpose of the cross examination of the witness is to put the facts to them in light of the things you know or can prove with the other evidence you have. Therefore to a degree you don't need to worry at this stage that they are telling "lies" in their statement as at trial you will be able to challenge them on this.
As to an additional statement by you this is usually only possible where the other side have addressed an entirely different issue that has not been considered before, or there are significant other factors that the Court need to take into effect. However you are effectively serving such statements late and so will require the permission of the Court. You should therefore include a draft of the statement in the application you would make as stated above.
Beware however that the CPR rules are being construed ever more rigidly and so I would suggest that you only take steps to include this evidence if you feel that it is absolutely necessary, and that your defence is severely restricted without it.
I trust this is of assistance.
Expert:  Matt Jones replied 2 years ago.
HI I hope the above helps
Can I help further?
Matt Jones, Solicitor
Category: Law
Satisfied Customers: 671
Experience: I am a qualified and practising Solicitor with over 7 years post qualification experience
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