Ok - so this is set down for a hearing. The Judge will consider the application. You can decide whether you want to oppose it.
The Judge will use the following test:
1) Is the breach significant
2) Is there a good reason for it
3) All the circumstances of the case.
Clearly you can oppose it if you did not have any evidence which should have been served. This is a very significant breach. At this stage I do not know if there was a good reason. If, for example, someone had been in a coma and they were unable to give a statement until they just woke up, that would be a good reason.
But if they just couldnt get the evidence in time this is not a good reason.
So there will be a hearing and the 3 stage test above will be applied.
Can I clarify anything for you about this today please?