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Ben Rose
Ben Rose, Solicitor
Category: UK Law
Satisfied Customers: 348
Experience:  LL.B (Hons) (Hull), Pg.Dip.L.P. (York), SIIRSM
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Type your question here.I am about to attend civil court on

Customer Question

Type your question here.I am about to attend civil court on Monday, I have adhered to court procedure where my evidence regarding my claim is sent to defendant, and court no less that 14 days prior to court hearing. Defendant has only just sent me his ( last night) only two working days prior to hearing. What impact may this have? I feel at such a disadvantage not having had the time defendant has had. Will defendants evidence still be admissible?
Submitted: 4 years ago via InBrief.
Category: UK Law
Expert:  Ben Rose replied 4 years ago.

Hallo

 

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.

 

Kind Regards

 

Ben

Ben Rose, Solicitor
Category: UK Law
Satisfied Customers: 348
Experience: LL.B (Hons) (Hull), Pg.Dip.L.P. (York), SIIRSM
Ben Rose and 2 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Hi Ben,

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.

Expert:  Ben Rose replied 4 years ago.

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.

 

Kind Regards

 

Ben

Customer: replied 4 years ago.

Thanks Ben,

 

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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