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Aaron D
Aaron D, Barrister
Category: European Law
Satisfied Customers: 572
Experience:  LLB, BPTC
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I am currently the defendant in a money claim in which I

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I am currently the defendant in a money claim in which I have a counterclaim. We received notice of allocation to small claims track on 26 Feb 2020. The document stated that the court and the other party must receive all documents by 25th March 2020. The other party failed to send me documents, so I informed the court. A general form of judgement or order was sent out notifying that the claimant must send me her documents by 21st March 2020. She failed again to send me documents. Another general form of judgement was sent which stated she had contacted the court and she had until 8th June 2020 to send me here statement and documentation. I received those documents today but her statement is dated 5th June 2020. This means she has had since 25th March 2020 to gather further evidence and whereas mine were all sent before 25th March 2020. Can I request her statement be null and void because of this?

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

If the court granted an extension for her to file and serve the statement by 8th June and you received them on 6th June it doesn't matter when she actually wrote/ signed the statement as she has complied with the extended direction from the court.

Unless I'm missing some information here then no you can't request her statement is stuck out as it has been filed and served with the court in time.

You might not like the fact that the court gave her the extension but that is the decision of the judge.

If you feel she has been at a disadvantage as she has had a chance to review your evidence and respond to it rather than there be a simultaneous exchange, there's nothing to stop you requesting the court grant you permission to file and serve an additional statement in response.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

If you don't hear back from the court you can even just file and serve additional evidence but you would then have to get permission to rely on it when you finally get to the hearing.

Aaron D and other European Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you