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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Judge ordered to submit witmess statements on 20/02/2015. Iam

Resolved Question:

Judge ordered to submit witmess statements on 20/02/2015. Iam Claimant in this case I t I have two witnesses hence i submitted their statements. After few days when I show Pre trial check list says " witness statement also includes you- we mentioned 3 but submitted only 2 . pre trial check list submission date 2/03/2014 we submitted our claimats statement .
In that we given unknowingly Without prejudice information . Defendant solicitor send mail says 1. servced late statement without agreement or permission of the court.2,Put Without Prejudice materials in a witness Statement that was sent to the court .
they asking to the court to refuse to allow me to give witness statement at the forthcoming trial
In this circumstance what I can do shall i go to the court ask court permission . Iam a common man if my trail doesnot allow claimant's to give statement how the hearing will take palce .
Thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

When did you submit the statements please?

Customer:

I submited with pre trail check list on 2/3/15 with without prejudice information defendant solicitor told to remove it . then I removed and submitted on 3/03/2015

Alex Watts :

But you said that the other side Solicitor says you have served a late statement ?

Alex Watts :

Have you served a statement late?

Customer:

witness statement submission date was 20/02/2015. I have submitted my 2 witness statements on time but not claimants statement. This happened as I misunderstood or didnot realize claimants statement also comes under witness statement. Only realized while filling the checklist it stated witness statement included you.

Alex Watts :

Did you make an application for relief to the Court?

Customer:

also 1st Defendants statement was posted on 20th, but I recieved on 22rd, 2nd defendants statement recieved on 27th. I didnot make an application to the court as I was not aware up until now. I do not have a barrister acting on my side and didnt know about this. Can I approach the court tomorrow and make an application?

Alex Watts :

You need to apply to the Court for relief from sanction tomorrow.

Alex Watts :

You need to complete form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

There is a Court fee of £155 to pay

Alex Watts :

You need to say that you need relief under CPR 3.9, why you were late and the reasons for it

Alex Watts :

You MUST apply for relief otherwise you can not rely on a statement.

Customer:

what best reasons I can put?

Alex Watts :

If Defendant has filed late they MUST also do the same, otherwie they can not rely

Alex Watts :

Therefore you need to seek permission asap

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

I dont know why you were late.

Alex Watts :

You need to put the reason why you were late.

Alex Watts :

Either you did not understand or ignored the Court order.

Customer:

What best reason to give??

Alex Watts :

Either way the Court needs to be told why

Alex Watts :

I can't tell you the reason. You need to tell the Judge WHY you are late.

Alex Watts :

I can not tell you - this is what you should tell the Judge.

Alex Watts :

You need to be honest and tell the Judge what happned.

Alex Watts :

If you were late because you did not understand - say that

Customer:

also they produced forgery document signatures of mine saying I agreed to buy the property on their condition

Alex Watts :

Although the order must have been clear, because it says you must exchange by x date.

Alex Watts :

None of that matters

Alex Watts :

You are late

Alex Watts :

Concentrate on that

Alex Watts :

If you do not get relief. you can not use the statement and the claim will fail

Alex Watts :

So you must apply for relief from sanctions

Alex Watts :

MUST MUST MUST apply for relief from sanctions

Customer:

I complaint to the police, anything else can we do? can we stop thm from producing it to court until police investigation done?

Alex Watts :

YOU MUST APPLY FOR RELIEF FROM SANCTIONS

Alex Watts :

No, you can't stop someone producing a document in Court UNLESS you have evidence it was forged.

Alex Watts :

Even then it is a matter for the TRIAL Judge to decide whether it was forged or not

Alex Watts :

But at this stage you DO NOT HAVE PERMISSION to rely on evidence.

Alex Watts :

Therefore you MUST apply for relief from sanctions

Alex Watts :

Is that clear enough for you to understand what you must do?

Customer:

ok. I will apply tomorrow. thanks for the answer

Customer:

last time also i asked for injunction as per your advice and that been rejected because there was no contract exchanged.

Alex Watts :

I can't see the previous question you asked so can't remember precisely what it is about.

Alex Watts :

But do you have any questions on what you must do to get your statement in?

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

can you give me summary plz what are the things i have to do my statement get it plz

Customer:

what order we asking the court is it Relief of sanction?

Ash and 4 other Law Specialists are ready to help you