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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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We have a trial coming after 15th of August. On order made

Resolved Question:

Hi, we have a trial coming after 15th of August. On order made in March 2016 Judge stated that: By 4.00 pm 22 July parties do exchange witness statements (including their own). Each is to have numbered paragraphs concluding with statement of truth. I have send mine and my witness detailing all information we will rely on (witness has been accepted by Judge on a direction hearing.)Today I have received two statements. One from claimant, containing 3 paragraphs stating:
1. that he now found a witness to attend the court
2. that this witness is his neighbour
3. details of the witness.Can I apply to strike the out this case as his statement of truth on the grounds his doesn't consist any information related to the case? it is only an information about his witness? I would be willing to drop my counterclaim.
Can he add a witness at this stage without Judge consent? Will his statement be taken into consideration?
Thank you
RegardsJoanna
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

Hello Joanna my name is ***** ***** I will help you.

What is the value of the claim please?

Alex

Customer: replied 8 months ago.
over 4275 plus costs and my counterclaim is for 1200
Customer: replied 8 months ago.
it has been allocated to the small claim track
Expert:  Ash replied 8 months ago.

Ok then I wouldn't make an application.

They just need to file statements which they seek to rely upon. Nothing more.

Therefore as its a small claim there is no point. If their case s stuck out at trial you can ask for costs then.

Can I clarify anything for you about this today please?

Alex

Customer: replied 8 months ago.
ok, so there is a chance that judge will struck this case out on this grounds at the trial? can judge decide to not to take their statement into account? what about their witness? will his statement be taken into account? I would like to mention, that this case has already been once struck out due to Claimant not filing documents on time and he applied to have it set aside.
Customer: replied 8 months ago.
the thing I want to sort it out asap is we are ltd company, but I live aborad and they will not refund my costs of travelling, thats way I am ok to drop off counterclaim.
Customer: replied 8 months ago.
my witness needs to come from Norway, so the easiest way for me would be to have it struck out without a hearing
Expert:  Ash replied 8 months ago.

You would need to make a penal application the cost fvwgch is £255

As its a small claim I wouldn't bother but it's up to you. If you win your witness can claim travel.

Does that clarify? Alex

Customer: replied 8 months ago.
It doesnt really answer my question, wheter I have any chance to have this case struck out on the ground he didnt file witness statement relevant to what he will rely on the trial, as his witness statement is only about his witness details not the facts he will rely on, where I have send him all the information I will rely on.
Expert:  Ash replied 8 months ago.

Do you have a chance, yes you do.

But a judge is more likely to want to deal with this at trial.

Does that clairfy? Alex

Customer: replied 8 months ago.
thank you. I think I will go ahead. I have only 50 pounds to loose for application without hearing. So I may give it a go.
Expert:  Ash replied 8 months ago.

Ok. But a strike out application is going to be at a hearing, a judge won't deal with that on paper.

Can I help with anything else? Alex

Customer: replied 8 months ago.
ohhh... ok. I will then live it for a trial, but can I mention that on the trial?
Expert:  Ash replied 8 months ago.

Yes...... If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 8 months ago.
No problem. Thank you. Will do.

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