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Harris
Harris, Law Specialist
Category: Law
Satisfied Customers: 2739
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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At a case management hearing the parties were required to

Resolved Question:

At a case management hearing the parties were required to exchange witness statements. I did but the defendant has not. What options are available to me?
Submitted: 1 year ago.
Category: Law
Expert:  Harris replied 1 year ago.

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?

Customer: replied 1 year ago.
Related to a claim for debt owed by defendant of £2,500 but has used every trick in the book to frustrate. We had a case management hearing and judge ordered disclosure and we had a listing telephone conference. We were to exchange witness statements 23 August 16 and I filed and served mine but he hasn't. I am aware he wrote to the court but has not requested an extension of time. The final hearing is 30 August 2016.
Expert:  Harris replied 1 year ago.

Do you mean exchange of statements was for 23 May 2016?

Customer: replied 1 year ago.
I filed mine and served him same day. He had easier in the week made a proposal to agree a time to exchange statements by email. I'm convinced he wanted to gain a disadvantage.
Customer: replied 1 year ago.
Sorry, advantage
Expert:  Harris replied 1 year ago.

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.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Expert:  Harris replied 1 year ago.

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

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Customer: replied 1 year ago.
The defendant wants to inspect documents on my disclosure list but insists that weekends are out of the question. I will lose one day's earning i.e. £525 to do this during the week. He also wants inspection during working hours. Do I have a choice of flexibility as long as it is within 7 days?