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Oppose Or Not - pursuer has just filed an incidental application

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I am a defendant in a small claims case,

the pursuer has just filed an incidental application due to their main witness being too ill to attend the upcoming hearing.

 

From the letter I received it states

' ##### for the pursuers respectfully moves the court to discharge the full small claim hearing assigned for #### and assign a fresh diet for a small claim hearing owing to the ill health of one of the pursuers witnesses.

 

This witness was employed by the company pursuing me.

This witness completed documetation in their role as an employee which I believe is incorrect.

 

I received this documentation 2 weeks before initial hearing which was adjourned due to lack of sheriffs available on the day. I was looking forward to cross examing this 'evidence/documentation' and witness.

Should I oppose the incidental hearing?

 

I assume the pursuer will still have this documentation as part of their evidence, but no witness and may ask for some written statement from this witness in their absence.

 

I am unsure of what to do with this.

 

Any help most appreciated,

 

 

I am in Scotland if there are any tips from anyone.

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as this appears to be something important to your case?

I would agree unless it will unduly harm you in anyway to allow this to drag on?


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would be nice if you took the trouble to update cag upon your thread...we helped you ...now help us...

 

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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