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CharlesBrandon

urgent - simultaneous exchange of witness statements - no response form the other side,

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Just draft a supplementary witness statement and attach the new evidence.

 

Send a copy to the Court and the Claimant.

 

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I'm sorry, I hadnt seen these new answers. I got these new documents from the other party, some through disclosure and some through me saying I would apply for specific disclosure if they didn't send others they hadnt disclosed.

 

I have now disclosed the new ones. Might be a silly question, do I have to disclose docs the other party disclosed if I want to use them?

 

Another query; the other party have made an interim application. A hearing date for 23 Dec has been set, we don't know what the application was yet just got the date when I called. I made my application for summary judgement in October, and the hearing is 19 Jan.

 

It doesn't seem right that their application put in after mine is being heard before mine. Will I be able to get the court to switch these do that my application is heard first?

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That's odd, but then we have no idea what their application is. You need to find out and let us know.

 

They should really have been listed to be heard at the same time, but to answer your question no you can't request your application be heard before theirs. Depending on what their application is you could ask for them to both be heard on either of the two dates.

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I think it may be an interim injunction application, as they asked for one at a past hearing expecting the judge to grant one there and then.

 

They applied 'without a hearing' but the judge must have thought it needed one as it went to listings. They haven't paid for a hearing yet, the hearing slot is reserved but I won't get any info on it until they pay which is very annoying. I think it may be tactical on their part to reduce the amount of time I have to prepare.

 

Would I ask at their hearing to have my application heard, or is that something I should be asking for before the hearing?

 

I also think te application may be something to do with their witness statements orderd for simultaneous exchange on 25 Nov. I sent mine on time, but still have nothing from them. I just don't understand it.

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Apologies if this should have bee added to a former post,

I was unsure if I should start a new thread

or continue from one that wasn't quite related in topic.

 

I have a query about the trial bundle,

we (me and my partner) are the defendants,

the claimants have been ordered to file the bundle.

 

 

They have messed pretty much every step up so far so we are not confident they will get this right.

 

If they do not get it right, could the trial be delayed? It is a fast track case and been given a time estimate of 1 day.

 

Regarding the bundle:

 

Are the documents each party have exhibited in their witness evidence what should be in the trial bundle?

 

Can other documents that were disclosed but not referenced in witness evidence also be included?

 

The claimants in our case messed up and didn't supply their exhibits until the judge at at an interim hearing gave an unless order,

 

 

we only got the exhibits 3 days ago and the trial is on 19 Jan so there is not time to apply to do a supplemental witness statement.

 

A couple of other queries:

 

The Claimants have still not supplied a copy of one of the documents they exhibit.

 

 

They have been obstructive since disclosure,

we have requested this document no less than 5 times, and have never been sent one.

 

 

Now they have left it out again.

The order stated that unless they supplied it,

they would not be able to rely on it in court.

 

 

How do I inform the courts that this was not supplied? By letter now, or at the trial?

 

The claimants have included several documents exhibits, emails and photographs, that they did not disclose during standard disclosure.

Can they do this?

 

Can documents not exhibited in the witness evidence be referred to during cross examination?

 

Many thanks

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Hello there.

 

I've merged this with your previous thread. If it's the same case, we prefer to keep to one thread so the information stays together and helps the advisers.

 

HB


Illegitimi non carborundum

 

 

 

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"The claimants in our case messed up and didn't supply their exhibits until the judge at at an interim hearing gave an unless order, we only got the exhibits 3 days ago and the trial is on 19 Jan so there is not time to apply to do a supplemental witness statement. "

 

OP please can you clarify - were these exhibits referred to in a witness statement, or the documents you requested from their list? Sounds to me like its the latter... What was the date the Judge ordered these documents to be sent to you by?

 

With regards to the supplemental witness statement it really depends on what more you want to say. Does the new information cast doubt on anything in your previous statements or render any facts in them false? If not, as you're both LiPs you could probably just get away with giving oral evidence addressing the recent documents at the hearing.

 

If you think a supplemental witness statement is still required then you could draft them up, and write to both the other side and the Court to give them copies and advise you intend to make an oral application at the hearing for permission to include them in evidence - CPR Practice Direction 23A 2.10.

 

With regards to the document they have still not supplied. Write to the Claimant and to the Court. The Claimant - state along the lines of 'in line with the order of district judge XXXXX dated XXXXX, you have not disclosed [name of document and its number on the disclosure list]. Therefore, pursuant to the terms of the order you are debarred from relying on the same at the hearing'. The Court - similar letter but identifying the claimant's have not disclosed item number X and therefore ought to be debarred from relying upon the same at the hearing.

 

"The claimants have included several documents exhibits, emails and photographs, that they did not disclose during standard disclosure. Can they do this?"

 

Where have these documents been included? (i.e. have you received a bundle from the Claimant yet).

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several threads merged on the same case

please KEEP to ONE THREAD

 

 

else it makes a mockery of peoples previous advise.

 

 

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As the Claimants in this case completely messed up the trial bundle, to the point the trial couldnt go ahead,

 

 

we (defendants) have been ordered to make a bundle of our own documents, and the Claimants are to re-do theirs.

 

I am having difficulty figuring our how to paginate out witness statements, which will be at the end.

 

We obviously used page numbers when we first wrote them,

but now the page numbers wont work with the trial bundle so we are unsure how to proceed.

 

Thank you

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