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Is a letter submitted to the Court advising of a change of address for communication regarding an ongoing claim sufficient or is there a Court form that needs to be submitted in order to make such a change happen?
Would I expect the court to notify me in writing of this change? ie I should continue to use the original address until formally advised of the change?
Yes the other party advised me by copying me on the correspondence sent to the court and hence I changed the address for communication. I wrote a witness statement and referred to the Defendant's submission of Defence where he advised of a change of address. I did not include it as an exhibit though as it is the Defendant's Defence and Counter claim ie a court form. Is this correct ie it is a court form and therefore I should not include it as an exhibit?
Practice Direction 32, Court documents must not be exhibited.
Need your help with the definition of 'Court Documents' is it:
ONLY documents (communication) raised and issued FROM the court to parties as these will obviously be on file.
ie it does not include Court Forms which will have been completed and submitted to the Court by the parties?
So that it is crystal clear for me.
I do not Exhibit a document that has been issued to parties from the Court.
I can if I wish Exhibit a court document completed and submitted to the Court by a party.
grrrrr. Know that now. I know I need to make it easy for the judge but thought that referencing a document that would be in the Court file (the Claimant's revised defence) would have been sufficient. The judge stated that the address on file was the original address and so that was that.
Just venting my frustration. Anyway hard lesson. Obviously not expecting an answer :-)
Sorry to add to this but I need to learn from this.
The judge said that as the case had been transferred to the Court we were in from another court much of the documentation was electronic, at least that is how I interpreted what he said. He then proceeded to say that what he had in his file had the defendants address in St Helens, Merseyside (that would likely be the case as the Defendant, when he issued his Request for a hearing to have the judgement reversed issued this with a correspondence address of St Helens). However form the Defendant's first defence sent to the Court he stated his address for the issue of Notices as being a London address which I duly sent all documents to and I presume the Court must similarly have sent any Court Notices to as the Defendant's St Helens address only came to light when I knew he was there (recently) and advised the Court Bailiffs that this is where he would likely be in order for him to be served with a notice to attend court for questioning. It was after the visit from the Court Bailiff that the Defendant requested a Hearing to reverse the Judgement and stated his St Helens address.
I told the Judge that I sent all paper work to the address that the Defendant provided in his defence. (This is 100% factual). The Judge said that that address was not what he had in front of him. I didn't feel in a position to argue with a judge, didn't think it to be my position or something that I should do. I just took it.
Question: Should I have been more vocal? Am I allowed to be more vocal in stating the position / the facts? I just sort of capitulated which isn't like me but I was in unfamiliar territory. Not great to back chat a judge!
For my learning
I now know that I should have Exhibited the Defendant's defence statement contain the details of the London address which would have put this fact right in front of the judge.
Question: Is the above failing the issue here?
Mmm need to man up then :-) will bear that in mind for round 2.
Thank you for the advice. Pete