How to submit defence evidence and disclosure.
Discussion
Whilst defending a claim against me in the Small Claims Court, the solicitor then acting for me, informed me that he was acting for the Claimant, under the person's other company/directorship. I therefore decided that rather than engaging another solicitor, I would represent myself.
Whilst I appreciate this a car forum, various posters, including BV, have in the past offered me valuable advice.
The present situation is that I have received the Claimant's case, evidence and disclosures/documents etc. I have responded to the same by producing my Defence, together with disclosing documents etc.
Much to my surprise, the Claimant has again offered further evidence together with further disclosure of documents, the same to address the evidence and disclosures that I had previously submitted.
I am not to sure whether I should start from the beginning again, producing one full defence statement and disclosure of documents, the same to address in total the two lots of evidence and disclosures the Claimant has submitted. It would appear to me to be too confusing for the Judge, if I just added a second document/s listing additional evidence and documents.
I hope the above makes sense, and thank you for any advice you can offer.
Whilst I appreciate this a car forum, various posters, including BV, have in the past offered me valuable advice.
The present situation is that I have received the Claimant's case, evidence and disclosures/documents etc. I have responded to the same by producing my Defence, together with disclosing documents etc.
Much to my surprise, the Claimant has again offered further evidence together with further disclosure of documents, the same to address the evidence and disclosures that I had previously submitted.
I am not to sure whether I should start from the beginning again, producing one full defence statement and disclosure of documents, the same to address in total the two lots of evidence and disclosures the Claimant has submitted. It would appear to me to be too confusing for the Judge, if I just added a second document/s listing additional evidence and documents.
I hope the above makes sense, and thank you for any advice you can offer.
Wings said:
Whilst defending a claim against me in the Small Claims Court, the solicitor then acting for me, informed me that he was acting for the Claimant, under the person's other company/directorship. I therefore decided that rather than engaging another solicitor, I would represent myself.
If you had already discussed the defence with him he cannot properly continue to act for the Claimant, as it's a breach of the SRA conduct rules. I would therefore write to him pointing this out and asking that he withdraw from the case, and giving you an undertaking that neither he nor his firm will offer the Claimant any further advice regarding it. If he fails to do so then you should say you'll report him to both the court and the SRA.
His withdrawal would at least give you a tactical advantage.
[quote]The present situation is that I have received the Claimant's case, evidence and disclosures/documents etc. I have responded to the same by producing my Defence, together with disclosing documents etc.
So far as documents are concerned, both sides should have disclosed all their documents at one time by way of a formal disclosure statement incorporating a list of documents to be used in evidence - https://www.moneyclaimsuk.co.uk/PDFForms/N265.pdf However, the court will usually allow documents that have been produced after the deadline's expired, particularly in the small claims court, which is basically a complete shambles.
Looking at the claim more widely, does it actually have any merit, and if so have you made any attempt to settle the claim? If you were represented your solicitor would normally encourage you to do so, as it's a ludicrous waste of time and money litigating in the small claims court.
If you do want to offer a deal make sure you use the words `without prejudice' so that the offer can't be used in evidence if it's rejected.
Finally, you should at some stage be offered the opportunity of a telephone mediation, in which case you should definitely accept it, as it's often a cheap and quick way out.
Pro Bono said:
The court would have issued directions when the case was allocated to the small claims track, and these would have included a deadline for disclosure and witness statements. The directions do not normally allow more than one witness statement, so If the second statement is by the same person or was served after the deadline then strictly speaking it can't be used without permission of the court. You should therefore write to the solicitor pointing out that they don't have permission to adduce a second statement, and that it cannot therefore be used as evidence.
So far as documents are concerned, both sides should have disclosed all their documents at one time by way of a formal disclosure statement incorporating a list of documents to be used in evidence - https://www.moneyclaimsuk.co.uk/PDFForms/N265.pdf However, the court will usually allow documents that have been produced after the deadline's expired, particularly in the small claims court, which is basically a complete shambles.
Looking at the claim more widely, does it actually have any merit, and if so have you made any attempt to settle the claim? If you were represented your solicitor would normally encourage you to do so, as it's a ludicrous waste of time and money litigating in the small claims court.
If you do want to offer a deal make sure you use the words `without prejudice' so that the offer can't be used in evidence if it's rejected.
Finally, you should at some stage be offered the opportunity of a telephone mediation, in which case you should definitely accept it, as it's often a cheap and quick way out.
Why do you say the small claims court is "basically a complete shambles"?So far as documents are concerned, both sides should have disclosed all their documents at one time by way of a formal disclosure statement incorporating a list of documents to be used in evidence - https://www.moneyclaimsuk.co.uk/PDFForms/N265.pdf However, the court will usually allow documents that have been produced after the deadline's expired, particularly in the small claims court, which is basically a complete shambles.
Looking at the claim more widely, does it actually have any merit, and if so have you made any attempt to settle the claim? If you were represented your solicitor would normally encourage you to do so, as it's a ludicrous waste of time and money litigating in the small claims court.
If you do want to offer a deal make sure you use the words `without prejudice' so that the offer can't be used in evidence if it's rejected.
Finally, you should at some stage be offered the opportunity of a telephone mediation, in which case you should definitely accept it, as it's often a cheap and quick way out.
Pro Bono said:
The court would have issued directions when the case was allocated to the small claims track, and these would have included a deadline for disclosure and witness statements. The directions do not normally allow more than one witness statement, so If the second statement is by the same person or was served after the deadline then strictly speaking it can't be used without permission of the court. You should therefore write to the solicitor pointing out that they don't have permission to adduce a second statement, and that it cannot therefore be used as evidence.
So far as documents are concerned, both sides should have disclosed all their documents at one time by way of a formal disclosure statement incorporating a list of documents to be used in evidence - https://www.moneyclaimsuk.co.uk/PDFForms/N265.pdf However, the court will usually allow documents that have been produced after the deadline's expired, particularly in the small claims court, which is basically a complete shambles.
Looking at the claim more widely, does it actually have any merit, and if so have you made any attempt to settle the claim? If you were represented your solicitor would normally encourage you to do so, as it's a ludicrous waste of time and money litigating in the small claims court.
If you do want to offer a deal make sure you use the words `without prejudice' so that the offer can't be used in evidence if it's rejected.
Finally, you should at some stage be offered the opportunity of a telephone mediation, in which case you should definitely accept it, as it's often a cheap and quick way out.
A formal list of documents and inspection isn't required in required in the Small Claims Track. You merely have to disclose all of your evidence at least 14 days before the date of the hearing. So far as documents are concerned, both sides should have disclosed all their documents at one time by way of a formal disclosure statement incorporating a list of documents to be used in evidence - https://www.moneyclaimsuk.co.uk/PDFForms/N265.pdf However, the court will usually allow documents that have been produced after the deadline's expired, particularly in the small claims court, which is basically a complete shambles.
Looking at the claim more widely, does it actually have any merit, and if so have you made any attempt to settle the claim? If you were represented your solicitor would normally encourage you to do so, as it's a ludicrous waste of time and money litigating in the small claims court.
If you do want to offer a deal make sure you use the words `without prejudice' so that the offer can't be used in evidence if it's rejected.
Finally, you should at some stage be offered the opportunity of a telephone mediation, in which case you should definitely accept it, as it's often a cheap and quick way out.
No wonder your name is Pro Bono if the advice you give is this wrong.
OP, update whatever you like but just make sure the Court and the other side have the updated Defence, statements, evidence at least 14 days before the hearing. To get brownie points with the Judge, why don't you create a bundle of documents including all the evidence from both sides that is tabbed and numbered.
The court hearing is listed for late November, although the Claimant has notified the court that he ill be out of the country.
I have issued a Defence, together with disclosure of documents, to the Claimant's Claim. The Claimant has now replied to my Defence, adding both further evidence and disclosure of further documents. Much of the Claimant's further evidence and documents, appear to me to be fabricated evidence, not previously disclosed, therefore the same as a means to an end result.
In small claims court proceedings, is the evidence, documents reviewed by the judge, court staff before the hearing, is there any advantage to either delay in submitting or withholding evidence, documents until just before the 14 days ruling.
It appears to me that the more information provided to the other party, the more it allows the other party to arrange, fabricate their evidence.
Thanks for all your replies, appreciated.
I have issued a Defence, together with disclosure of documents, to the Claimant's Claim. The Claimant has now replied to my Defence, adding both further evidence and disclosure of further documents. Much of the Claimant's further evidence and documents, appear to me to be fabricated evidence, not previously disclosed, therefore the same as a means to an end result.
In small claims court proceedings, is the evidence, documents reviewed by the judge, court staff before the hearing, is there any advantage to either delay in submitting or withholding evidence, documents until just before the 14 days ruling.
It appears to me that the more information provided to the other party, the more it allows the other party to arrange, fabricate their evidence.
Thanks for all your replies, appreciated.
Jasandjules said:
Has he made an application to vacate the hearing?
No, case now listed for January 2019, been ongoing since February 2018,I have now forgotten what is over.Claimant has filed further evidence and documents, the same to address my original defence statement. I am uncertain whether to add further possible confusion by forwarding a further defence statement and documents, does the Judge actually pre read these statements documents before the hearing.
I just thought I would put all documents produced, including Claimant's in date and numerical order. Any further advice please!!
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