Hello and welcome to just answer. I will deal with all of your questions in turn.
1. What does file and serve actually mean? Should we have received a copy of each other documents (we sent our papers both to the court and the defendant).
File and serve means filed at court and served (i.e. sent) to the other party.
2. Is there anything we can do – such as applying for his defence to set aside! – if he has failed to obey the Deputy District Judge’s instruction and serve papers (either and or on the court and ourselves, whichever it is he is required to do).
You can apply to court for an 'unless order' which is an order stating that unless he complies with the order his defence will be struck out.
3. What can we ask the judge to do, if we again arrive at court, on the 3 September 2013 to find that he is unprepared or that he has his witness statement
The judge could order that such documents are not admissible (although it will really depend on the judge); or
if it was necessary for an a further adjournment you could have a good argument that the defendant should pay your costs (are you acting in person? ) in any event.
'In any event' means irrespective of the outcome of the case the defendant pays your costs for the adjourned hearing.
Hope that assists. Let me know if you have any queries.
That is very helpful thank you.
I have used the small claims court in order to avoid solicitor costs, so have not legal costs other than those of the court.
The costs that do concern me in what I see as a deliberate strategy to obtain adjournment after adjournment (the next hearing has been set at 4 hours because the defendent talked out the last 2 hour hearing) are my costs of travelling from Spain to England and then train and hotel costs - wasted becuase the defendant is not doing what the court orders, and we are.
That is very helpful thank you. (Something went wrong with my attempted first reply to your final comment).
I have used the small claims court in order to avoid solicitor costs, so have not got 'legal costs', to claim other than those of the court.
The costs that do concern me, in what I see as a deliberate strategy to obtain adjournment after adjournment (the next hearing has been set at 4 hours because the defendent talked out the last 2 hour hearing), are my costs of travelling from Spain to England and then train and hotel costs - that would again be wasted - because the defendant is not doing what the court orders, and we are.
Can I hold him responsible for these costs? Either asking for them at the hearing, or invoicing him in relatin to the work i did for him under an agreement he has breached. (He was my customer employing my services)
Hello and thanks for your reply.
I'm slightly confused by your last point, "invoicing him in relating to the work i did for him under an agreement he has breached. (He was my customer employing my services)"
Is this the matter that is the subject of your claim or a separate matter?
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