Small Claims hearing - witness statement needed?
Discussion
Looking for a quick answer from one of our learned friends. Bit of a protocol question for those who are more experienced than myself:
I am in court in two weeks time over my long running tenancy issue. The Landlord is now bankrupt and doesn't even reply to my letters requesting narrowing down the issues, and has not disputed any of the facts of the claim, quantum or loss apart from denying they were Landlord.
Today is the final day for them to supply evidence, they haven't and I don't even think they are going to turn up.
Do, I really need to put all this in a witness statement and formally supply this to the court and other party, or, will it be frowned upon if I save myself about 6 hours and just fax the documents I'm relying on to the other party and the court and bring everything to court? It's in the small claims track and I am representing myself. The Particulars of Claim are very, very detailed already and I'd just be repeating almost all of it.
At this stage, with the knowledge that the other party is unlikely to show, and I am unlikely to receive more than pence in the pound, I'm trying to only spend the bare minimum amount of time here to go through the motions.
Cheers in advance!
I am in court in two weeks time over my long running tenancy issue. The Landlord is now bankrupt and doesn't even reply to my letters requesting narrowing down the issues, and has not disputed any of the facts of the claim, quantum or loss apart from denying they were Landlord.
Today is the final day for them to supply evidence, they haven't and I don't even think they are going to turn up.
Do, I really need to put all this in a witness statement and formally supply this to the court and other party, or, will it be frowned upon if I save myself about 6 hours and just fax the documents I'm relying on to the other party and the court and bring everything to court? It's in the small claims track and I am representing myself. The Particulars of Claim are very, very detailed already and I'd just be repeating almost all of it.
At this stage, with the knowledge that the other party is unlikely to show, and I am unlikely to receive more than pence in the pound, I'm trying to only spend the bare minimum amount of time here to go through the motions.
Cheers in advance!
Edited by JustinP1 on Monday 22 September 11:40
In my experience, its best to put everything down succintly and consicely, maybe in bullet/numbered points in the witness statement with reference (e.g see exhibit A)to any additional documents.
Do not fax. Make sure you send the witness statement by recorded delivery to the court and regular post with certificate of postage to the defendant.
I have sent to the court by recorded delivery in the past and even though I came to court with my Royal Mail proof of postage, the judge said they had received nothing. Luckily my witness statement which I came to court with extra copies of was prepared as described above and the judge was able to get the gist of the case by quickly perusing this.
Good luck.
Do not fax. Make sure you send the witness statement by recorded delivery to the court and regular post with certificate of postage to the defendant.
I have sent to the court by recorded delivery in the past and even though I came to court with my Royal Mail proof of postage, the judge said they had received nothing. Luckily my witness statement which I came to court with extra copies of was prepared as described above and the judge was able to get the gist of the case by quickly perusing this.
Good luck.
Breadvan72 said:
What do the directions (if any) say?
If you are taking about disclosure of documents, that requires no witness statement absent an order for verification of disclosure.
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.If you are taking about disclosure of documents, that requires no witness statement absent an order for verification of disclosure.
The original documents must be brought to the hearing.
The judge may refuse to con side a document or take it into account if a copy of it has not been sent to the other party as required by this Order.
The witness statement I was drafting was simply a chronological account of our tenancy issues, and that and how I have obtained further documents which underline my case.
I started this - then realised I may be 'crossing the tees' but I may be spending hours creating a document which just repeats the already detailed Particulars, and it being on the small claim track my presumption is that the Judge is simply going to ask me the questions that he sees fit as oppose to formal presentation of facts.
Breadvan72 said:
You are perhaps confusing disclosure with evidence. As for a witness statement (that being the step that usually follows disclosure), if you like you can just put in a short one saying that you stand by the contents of the PC (already verified by a statement of truth).
Brilliant BV - thanks for your quick reply - much appreciated.That's what I thought. I think I was second guessing myself in being complete in ensuring that there was evidence to back up all of the Particulars. But, as you have reminded me, those are verified with the statement of truth anyway.
I can do something more productive today now!
JustinP1 said:
The Landlord is now bankrupt and doesn't even reply to my letters requesting narrowing down the issues, and has not disputed any of the facts of the claim, quantum or loss apart from denying they were Landlord.
I may be wrong but I was under the impression that all creditors were prohibited from direct contact with someone who has been declared bankrupt and whose name is on the Insolvency Register. Any contact must be with the Official Receiver or any appointed Insolvency Practioner who becomes the Trustee in Bankruptcy. He/she is the only person permitted to deal with financial matters. If I'm right that is why he hasn't been responding to you. Red Devil said:
I may be wrong but I was under the impression that all creditors were prohibited from direct contact with someone who has been declared bankrupt and whose name is on the Insolvency Register. Any contact must be with the Official Receiver or any appointed Insolvency Practioner who becomes the Trustee in Bankruptcy. He/she is the only person permitted to deal with financial matters. If I'm right that is why he hasn't been responding to you.
Correct. In a similar situation myself (not Bankruptcy and not exactly proud of it) but the creditors are not allowed direct contact, only through the company who are assisting me.In my experience, the easier you can make it for the Judge who will hear your case, the better.
If it's all set out nicely in a witness statement which takes the Judge through the issues chronologically and which sticks to the facts, that will be better than just sending in a lever arch full of random documents on their own which the Judge will have to trawl through and ask you to explain anyway.
When i've dealt with Small Claims in the past, I always filed a witness statement not less then 14 days prior to the hearing. Time consuming, yes, but worthwhile IMO.
If it's all set out nicely in a witness statement which takes the Judge through the issues chronologically and which sticks to the facts, that will be better than just sending in a lever arch full of random documents on their own which the Judge will have to trawl through and ask you to explain anyway.
When i've dealt with Small Claims in the past, I always filed a witness statement not less then 14 days prior to the hearing. Time consuming, yes, but worthwhile IMO.
Red Devil said:
JustinP1 said:
The Landlord is now bankrupt and doesn't even reply to my letters requesting narrowing down the issues, and has not disputed any of the facts of the claim, quantum or loss apart from denying they were Landlord.
I may be wrong but I was under the impression that all creditors were prohibited from direct contact with someone who has been declared bankrupt and whose name is on the Insolvency Register. Any contact must be with the Official Receiver or any appointed Insolvency Practioner who becomes the Trustee in Bankruptcy. He/she is the only person permitted to deal with financial matters. If I'm right that is why he hasn't been responding to you. I'm not down as a creditor. I've spoken to them at length about the claim, and they are not interested in talking to me until I become a creditor, and have confirmed that I can't be a creditor until I have obtained judgment.
So, they are aware, but don't care.
So you are correct in that they need to be involved, however, the ignoring of procedure started well before the bankruptcy. I've just been dutifully filing requests and documents at her solicitors who are officially named as her representatives at the Court.
So, all I can do is press on and go through the motions...
Edited by JustinP1 on Monday 22 September 17:11
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