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Immediately tell the Court that you have only just had the evidence, ask for an adjournment to properly consider this late evidence or, at the hearing, ask for the adjournment or evidence to be struck out for late service.
I emailed you yesterday regarding my pending civil action on Monday, the defendant was very late submitting his evidence ( this man knows the system he works for a dept collection company) so I feel he is using delaying tactics. I feel he is trying to intimidate me because he has now sent me (via his solicitor) a defendants statement of cost for trial. I cant afford a solicitor of my own will this go against me? this man has gone from saying he will pay half of the money he owes me, then saying he owes me nothing and now threatening me with costs! What is my best course of action?
Ps I have all of his emails and they are all very contradictory.
If this is small claims then his costs are not recoverable. If it is fast track then it is standard procedure.
It is unlikely in any event that this could go ahead due to his own late service; therefore you should ask that his costs be 'thrown away' due to his own conduct.
Not been good today! Judge allowed his late evidence, defendant also brought his fancy London solicitor. Judge told me I had won the case, but because he could not tell who was telling the truth he would only give me half! However he did award me costs.
Feel let down by system, I have been honest and stuck to the rules and lost out!
Thank you for your help.
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