Civil claim late submission of evidence

bailey2004

Hi,

I am hoping someone with a bit of legal knowledge can help me.

I have issued a court claim for money owed to our company. We atre due in court a week today and the court ordered that we serve our evidence to each other and the court not later than 14 days before the hearing.

We duly submitted ours at the beginning of last week by recorded delivery, however, we have only received the defendants evidence today, 7 days late.

Is there a process or an application I can make to ask the court to disallow his evidence on the basis of it being late?

IAmWales

You can write to the judge, but the other party can do the same and explain their reasons for being late. Is there a reason you don't want their evidence to be allowed, is there something that weakens your case?

DoaM

As above, it's at the judge's discretion whether the defendant's evidence is allowed. You can raise the point at the start of the hearing/in writing in advance and see what the judge says.

Is the defendant a consumer or a business? If the defendant is a consumer then the judge may be more lenient.

bris

Slim to no chance, it's a delaying tactic, the courts are more likely to ask you if you want to push the date back than disallow their evidence.

bailey2004

Thanks, its a business. Their evidence simply consists of a witness statement from the MD which is full of lies and inaccuracies. Hopefully the judge will see through it and not side with him.