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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a County Court hearing on Weds. Today is Friday, and

Resolved Question:

I have a County Court hearing on Weds. Today is Friday, and we have a Bank Holiday on Monday.
I am not represented.
The applicants solicitor has served me with over 100 pages of documents today.
Should I not have more time to review such a volume of paperwork?
Regards,
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Is it a small claim? If not when does it say the statements etc should be disclosed by?
Customer: replied 1 year ago.

]it was scheduled for a 15 minute hearing.

Opposing solicitor asks me to agree to a 2 hour slot, which I do not agree.

Court amends hearing to 1hr 45 mins after the application, then I get 100 pages of witness statements and costs

Expert:  Ash replied 1 year ago.
Ok. But does the Court say when documents are meant to be sent by, ie witness statements etc?
Customer: replied 1 year ago.

Sorry for the delay. it just says "Relevant paperwork or fees should be filed at the County Court ..."

There are no directions.

Regards,.

Expert:  Ash replied 1 year ago.
Does it say when it should be filed and served by?
Customer: replied 1 year ago.

Expert:  Ash replied 1 year ago.
Are you Claimant or Defendant?
Customer: replied 1 year ago.

Defendant - asking for the original judgement to be removed ...

Customer: replied 1 year ago.

I am looking that without Directions, Standard Procedure should apply?


Appendix B: STANDARD DIRECTIONS


(For use where the district judge specifies no other directions)

THE COURT DIRECTS:

1 Each party must 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]. (These should include the letter making the claim and the reply.)

2 The original documents must be brought to the hearing.

3 [Notice of hearing date and time allowed.]

4 The parties are encouraged to contact each other with a view to trying to settle the case or narrow the issues. However the court must be informed immediately if the case is settled by agreement before the hearing date.

5 No party may rely at the hearing on any report from an expert unless express permission has been granted by the court beforehand. Anyone wishing to rely on an expert must write to the court immediately on receipt of this Order and seek permission, giving an explanation why the assistance of an expert is necessary.

NOTE: Failure to comply with the directions may result in the case being adjourned and in the party at fault having to pay costs. The parties are encouraged always to try to settle the case by negotiating with each other. The court must be informed immediately if the case is settled before the hearing.

Expert:  Ash replied 1 year ago.
No that is not the case, it's setting aside judgment and therefore those directions do not apply.
Under the rules you should be given 3 days for documents. If you are applying to set aside the threshold is very low, do you have some defence? The judgment isn't going to want to consider 100 pages of documents. This is not a trial, it's just to see whether you have any defence.
Can I clarify anything for you about this today please?
Alex
Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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