Court Directive

[sir.prize]

A monetary dispute exists between a claimant and a defendant. A preliminary hearing was held a couple of months ago and a full court hearing is arranged for 3 March.

Meanwhile the claimant deposited a hearing fee with the court.

A directive from earlier stated that ''Each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing''.

The defendant followed the instruction and delivered to the other claimant and the court office said documentation via Royal Mail Special Delivery.

The claimant has failed to deliver documentation to the defendant.

Anyone have an idea what might happen next?

[Old_Jim]

The defendant could ask for the case to be dismissed since the claimant has not complied with an earlier court direction. However, the claimant will use the "Oh yes I did" defence and the judge will adjourn the case for the claimant to comply (and waste a few more weeks).

[sir.prize]

Many thanks Jim. Doesn't seem fair. But hey ho!

Thanks again

[Barmaid]

It is of course possible that there are no documents on which the Claimant intends to rely. However, this is probably unlikely.

I assume that directions were given for filing of witness statements at the same time? I also assume that C has not bothered.

I am also assuming from the directions that this is a Small Claims hearing. Chances are that C will turn up on 3 March and seek to produce documents then. D of course has the opportunity to object - particularly if he has not seen any of them before and has not had time to consider them. The likelihood is that the case will be adjourned with wasted costs paid by C.

However, if D has his wits about him, he might want to read the Directions Order very carefully to see if any sanctions apply and then look at CPR 3.8 and 3.9 (CPR = Civil Procedure Rules); together with CPR Part 27. He then might want to consider asking the Court to strike out C's claim.

[sir.prize]

Thank you very much Barmaid for a very concise course of action. Will let you know the outcome in due course. Thanks again to you both.

[sir.prize]

Hi Barmaid. Update.

The claimant sent a solicitor who did not know the company he was representing. Documents the claimant wished to rely on were sent to the solicitor's IPad 30 minutes before the court hearing.

Following your excellent advice CPR 3.8, 3.9 and Part 27 were quoted in court.

The judge advised that digital evidence was not acceptable and as the documents were not submitted for the hearing he struck out the claim.

The judge awarded expenses of around £200 to be paid to the defendant by the claimant within 14 days. The claimant failed to pay. The defendant telephoned the court and was told ''get a bailiff.'' Wow - that's justice.

A good result on the day but a let down later.

Thanks Barmaid - your help was invaluable.