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Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
When a defence has been filed if you are in person generally you don't need to worry at this stage.
The Claim and the Defence will go before the Judge with the Directions Questionnaire document.
The Judge will then look at these and probably allocate to a track - in this case probably a small claim.
Then 14 days before the hearing you both file and serve all the evidence which you seek to rely upon.
Then at that hearing for the claim you can address any issues raised
Can I clarify anything for you about this today please?
Thank you for your reply. What I want to achieve is the clarification/crystallisation of my claim in scope of the Defense, i.e. to deliver a response to the Defense. Is the only forum for this now the submission of evidence pre-hearing or could I submit this to the Court in advance in the expectation that the Judge will review it? For example the Defense says that the claims are statute barred by virtue of the Limitation Act which; though I argue against; I have not referenced in my claim. Hence my concern here would be that the Judge might act upon this statement pre-hearing and determine that I have no real prospect of success which is why I want to counter it in advance.
You can submit a response to the defence but generally only lawyers do that. but if you feel you want to then you can
You dont need to submit evidence at this stage, just the reasons why you think its not statue barred etc.
Does that clarify matters?
One point, if I submit a Defense response should I send this to both the Court and the Defendant in your opinion and if I send it to the Couty would it represent an annotation to the Claim?
Its just a reply to the defence. Whilst you can't add allegations to the claim without permission you can certainly rebut allegations made against you.
Does that help?
Thank you for the information and for your prompt replies.