How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I am a hearing on Tues morning general form of judgement

Resolved Question:

I am a hearing on Tues morning for a general form of judgement or order. This is a clinical negligence case and the opposition before putting in a statment want the case to be struck out.
The court order simply states "upon considering the papers on the court file" The request from the defendant has not been returned stamped by the judge just the above.
The judge accepted a file of evidence when my statement was filed. The claimant do not have this information to support my case. When is it disclosed.
1.Should I have done this 3 days before the hearing? or at discovery stage when instructed?
2. Do I need an urgent adjournment to ensure the defendants have this file of information
prior to the hearing.
3. I am a litigant in person
Please advice as I dont want my file to be dismissed as too late as it fully supports my claim.
Thankyou.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
Is this an application to strike out please?
Customer: replied 2 years ago.

That is what the defendant are wanting.But the judgement and order just simply states by the judge :

to look at the papers in the court file.

The statement put in the application was detailed and suggested that as an applicant we would not have anything even orally to add change the circumstances and no chance of winning. The medical evidence submitted by the defendant in support of their defence was a fraudalant one created by a solicitor who was meant to be working for me but they had agreed with the medical expert to remove all symptoms of a neurological or spinal damage.

I have a spinal cord injury! by an epidural without my consent.

Expert:  Ash replied 2 years ago.
What is the exact wording of the order please?
Customer: replied 2 years ago.

Upon considering the papers on the court file

Expert:  Ash replied 2 years ago.
Yes, upon considering the papers on the Court file........?
Next bit.
Customer: replied 2 years ago.

There is no next bit that is all the judge has said on the document...

so it does not state anything else.. The words are only

considering the papers on the court file.

My son did hand in a file of evidence to the judge to support our case to the judge and was accepted into court after our witness statement went in.

Expert:  Ash replied 2 years ago.
Upon considering the Court file the matter is listed on xxx date?
Have you already filed witness statements?
Customer: replied 2 years ago.

The order from court says. Upon considering the papers on the court file it is ordered that the matter be listed for hearing on the 14th July 2015 at 11:30 am with a time estimate of 1 hour.

Both sides have submitted witness statements, mine was filed in December and the oppositions filed 2 weeks ago. I also submitted a file of evidence to the judge 3 months ago.

Expert:  Ash replied 2 years ago.
Was the matter ever set down for trial?
Customer: replied 2 years ago.

its been accepted in court but hasn't gone to a trial and i have been given no date for a trial.

Expert:  Ash replied 2 years ago.
Ok. It sounds like a case management conference rather than a trial then. If that is the case you still have time to submit evidence for this hearing. It sounds like there is an issue the Court wishes to deal with, but it would have been helpful if they told you exactly what it was!
You can file any evidence now to rely on at this short hearing. You need to make sure the other side have this as well.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Am I too late to submit for the hearing?

Do I ask for an adjournment for time to do this as dont I need to give 3 days prior to hearing to disclose evidence or can I take it on the day?

In an hour there will not be much time to discuss in depth?

How should I proceed please Alex

Expert:  Ash replied 2 years ago.
1. You can submit evidence now as long as its not too much, ie 100 pages!
2. You can ask for an adjournment on the day
3. It sounds like a case management conference, ie the Judge wants to give Directions over an issue.
Does that help?
Alex
Customer: replied 2 years ago.

Thanks Alex

I have a full file that supports my case.May be over 100 pages.

I was confused as to what point I disclose all my evidence.

As we have not got three copies and all numbered as yet you would suggest to ask for an adjournment if we wish to submit a large file?

Can we go into Judges chambers and then ask for an adjournment or wait to see what the issue the judge wishes to discuss.

What I am asking is that I do not want to lose the chance to submit my evidence on which is paramount in my case and want to ensure I can file it to court.

Expert:  Ash replied 2 years ago.
1. You disclose your evidence usually when the Court orders it. The Court will say exchange of statements on x date.
2. However if there is a hearing its going to be a CMC
3. Yes you can go into Chambers and ask for an adjournment.
4. You shouldnt lose the chance if the Court hasnt directed evidence yet.
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Ok Thanks Alex.

Expert:  Ash replied 2 years ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex