Hi, thank you for your question. Just a bit more information required to fully assist you:
-What are the proceedings in relation to?
-When was the direction for exchange of statements?
-When is the next hearing?
Do you mean exchange of statements was for 23 May 2016?
Thank you for confirming. Firstly, exchange of statements should happen simultaneously and not concurrently, unless that is specifically directed - the reason is to prevent the other party from responding to issues stated in your statement. What you should have done was to file your statement with the court, in a sealed envelope and state on the outside that mutual exchange has not taken place thereby not giving the other side an advantage if the court were to send a copy out to him. However, this has now passed.
What I would suggest you do is formally write to the court (and send a copy to the other side) explaining what has happened and to request that the judge to direct an immediate filing and service of their statement and to attach a penal notice to the direction - thereby if the other side does not comply then they will be in contempt of court and there are enforcement options for you. Furthermore, if the statement remains outstanding and causes a delay to proceedings there could be costs liabilities on the other side.
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