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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have a breach of contract claim in the small claims court

Customer Question

I have a breach of contract claim in the small claims court hearing on Friday, in my particulars of claim I stated that I was claiming for compensation for breach of contract and listed sums owed, I did not specifically mention word damages, does that matter?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Alice H replied 1 year ago.
My name is ***** ***** I am happy to help you today. The small claims procedure is relatively informal especially where parties are representing themselves. The lack of legal terminology or the failure to mention a particular word will not be held against you - so long as the claim has been clearly explained and is evident from the POC, that should be sufficient.
Customer: replied 1 year ago.

Thank you. The defendant has included a supplemental witness statement in his bundle 5 working days before the hearing, even though I told his solicitor that I do not consent to it at this late stage. His first witness statement was 2 weeks late. His supplemental witness statement contradicts his defence and 1st witness statement in fundamental parts. Can I take an application 244 to the hearing asking for the supplemental statement to be struck out at this late stage.

Thank you for your assistance

Expert:  Alice H replied 1 year ago.
Do you really want to exclude a witness statement which contradicts other evidence? Wouldn't you want to admit the statement and then cross examine him on the inconsistency?
Customer: replied 1 year ago.

Thank you. I'd like to exclude it as it is less favourable to my case, the 1st witness statement conflicts with the defence as well so is it okay to make an application or is it wasting court time

Expert:  Alice H replied 1 year ago.
With it being so close to the trial date there's very little point in making an application at this stage; you would be better to raise the point on the day and place the burden on the defendant to show why the statement should be admitted out of time. I assume you have objected to the admission in writing - if you haven't done so you should send a letter immediately to the defendant stating that you oppose the admission of the second statement. In other words your position should be that the defendant has to apply to admit the statement rather than you applying to exclude it.
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Expert:  Alice H replied 1 year ago.
I have reviewed the Civil Procedure Rules to check the position on supplementary witness statements. This additional information might be of assistance to you: The Civil Procedure Rules Part 32 states:Consequence of failure to serve witness statement or summary32.10 If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission. The court will scrutinise why the statement was served late and only in exceptional cases will the court grant permission for a statement to be used - there is a case called Stroh v London Borough of Haringey (1999) which supports this. The Court of Appeal also considered delay in the landmark case of ***** ***** MP v News Group Newspapers Ltd [2013] EWCA Civ 153. You can read an article about it by clicking HERE
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Customer: replied 1 year ago.

Thank you

Customer: replied 1 year ago.

I have just received a settlement offer from the defendant. The small claims hearing is on Friday, if I accept what payment date should I put in agreement, should i ask for bacs payment within 14 days? also I have another claim running in the employment tribunal, so do I state that I will not withdraw or forego any other claims. The defendant has not included the hearing fee as I may get it back, but at this late stage that is not guaranteed, so I've said the defendant must pay it, is that reasonable What happens if the defendant does not make payment, can I enforce the agreement

Thank you for your assistance