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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6426
Experience:  Solicitor
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I received a small claims court claim from a previous

Customer Question

Hi there i received a small claims court claim from a previous employer. The claim is a false claim and came as the result of me appearing as a witness for someone else the claimant made a claim against. A court date has been set for 28th June and the directions of the claim are that each party must deliver copies of all documents which they tend to rely upon to the court and the other party no later than 14 days before the hearing. I have compiled a defence but I have not received any papers or documents that the claimant is to use and today is the 14 day deadline which means I haven't seen any documents from him in order to compile an adequate defence, is there anything i can do to get this claim over turned as a result?
I am worried if i send all of my documentation to him and the court that he will have chance to go through it all before the court hearing and create a strong case and yet i have nothing from him in terms of what documentation and evidence he is going to use so i have nothing to defend and feel this would be unfair considering he is the one who has brought the case against me.
I also am worried if i dont send my evidence and papers off today as required on the court notice then this may look bad on me or i maybe penalised
Submitted: 9 months ago.
Category: Law
Expert:  Jamie-Law replied 9 months ago.

Hello my name is ***** ***** I will help you with this.

Do you know why he hasnt sent documents yet??

Customer: replied 9 months ago.
Hi JamieNo I don't i've not received anything from him at all. I think partly because he may not have any evidence he knows the claim against me is a false claim that he has made up so maybe this is why.
Expert:  Jamie-Law replied 9 months ago.

Ok - you should file and serve your evidence.

If he does not and is late, then he needs to make an application to Court for relief from sanctions.

If you dont file and serve evidence then you wont be able to rely on it, as per the Court order.

Can I clarify anything for you about this today please?