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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44924
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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In a county court hearing to have a statutory demand set aside,

Customer Question

In a county court hearing to have a statutory demand set aside, how long before the hearing do you have to submit a witness statement for it to be admissible to the courts?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Were you in the UK when you received the demand or abroad?
Customer: replied 1 year ago.
In the uk
Customer: replied 1 year ago.
Sorry, Hi Ben, I was in the uk
Customer: replied 1 year ago.
Are you there Ben ?
Expert:  Ben Jones replied 1 year ago.
Yes still here. So did you apply to set the demand aside within the required time limits and now the court has scheduled a hearing to hear that application?
Customer: replied 1 year ago.
Yes the hearing is tomorrow, we have submitted everything well in time however we have received 2 witness statements from the opposition, one on Friday just gone and another today. I can't believe that it's acceptable to admitt near to the hearing !
Customer: replied 1 year ago.
*so near to the hearing
Customer: replied 1 year ago.
Hello ?
Expert:  Ben Jones replied 1 year ago.
Yes I am still here but every time you post a new reply it moves your question to the back of the queue so you will get a delayed response. I am preparing my reply and will post it on here shortly
Expert:  Ben Jones replied 1 year ago.
At first, the parties to a hearing will have to adhere to any court directions issued in relation to the management of the case. For example, the court will usually issue directions as to how the claim will be managed, including deadlines for specific steps to be taken, such as the serving of witness statements. So check to see if the court had issued you with an order for directions which contained specific deadline for submitting the witness statements. If there was and the other party had missed it, you can ask the court to refuse to admit them as evidence. Even with an order, CPR Rule 2.11 enables the parties to vary such deadlines by written agreement between them, although this is not the case here as you did not agree to an extension. If no order for directions was issued, then technically the court could accept the statements at any time, as long as it does not prejudice the other party. By this I mean they must have been given to you and you must have had the chance to consider it and provide a response or prepare for it. So if that has not happened you can challenge it n those grounds and the court would either refuse to admit them as evidence or grant an extension to the hearing to allow you to consider their contents. But the court reserves the right to make the final decision so their decision will be final. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 1 year ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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