Supplementary Witness Statement Help

billytheant

Hello forumites,

I am a new user to these forums, but have done plenty of lurking the past few months in order to help with my case. So just wanted to say thanks first!

So to get onto my case, I have recently been allocated a court hearing for my case. I have received the claimants witness statement, and submitted my witness statement to the court and claimant. Job done I thought till the court hearing. However I have today received a supplementary witness statement from the claimant, basically arguing against points within my WS. I just hope that someone can give some clarity on the rules on further witness statements. First and foremost, on the allocation letter received by the court it states that "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 4pm 31st May 2022". As I just received this SWS today, is it fair that this can be used in court? I don't want to use my time writing further witness statements when my defence is already sorted.

Fruitcake

Yes it is okay for the claimant to submit a SWS. You can do the same if you think it will help.

It will be up to the judge to decide whether or not the SWS will be allowed or not. You can also mention it as a preliminary matter before the hearing proper starts and ask for the SWS to be thrown out because it arrived outside the court mandated timescales.
The judge may or may not agree with you.

Coupon-mad

I would not do a SWS as that makes it hard to argue theirs should not be allowed.

Object to its lateness at the hearing and say there has to be a line and certainty in this process. The court hearing directions Order had a date deadline for BOTH parties.

It is wholly unfair for parking firm bullying to continue right up to the hearing, by not even letting a witness speak out and put their position across without the aggressive roboclaim firm acting for the Claimant trying to 'talk over you', so to speak.

This late SWS shows a lack of respect for litigants in person and the court process.

It is an unfair and desperate attempt to have another bite at the WS cherry and the last word.  But why should they? It was filed and served far too late and without any application or notice. It should be struck out and the Claimant's original WS stands as their case.

billytheant

Fruitcake said:

Yes it is okay for the claimant to submit a SWS. You can do the same if you think it will help.

It will be up to the judge to decide whether or not the SWS will be allowed or not. You can also mention it as a preliminary matter before the hearing proper starts and ask for the SWS to be thrown out because it arrived outside the court mandated timescales.
The judge may or may not agree with you.

Thanks for the reply.

That's the problem, I'm not sure if there's much point writing a SWS if it might be thrown out.

Coupon-mad said:

I would not do a SWS as that makes it hard to argue theirs should not be allowed.

Object to its lateness at the hearing and say there has to be a line and certainty in this process. The court hearing directions Order had a date deadline for BOTH parties.

It is wholly unfair for parking firm bullying to continue right up to the hearing, by not even letting a witness speak out and put their position across without the aggressive roboclaim firm acting for the Claimant trying to 'talk over you', so to speak.

This late SWS shows a lack of respect for litigants in person and the court process.

It is an unfair and desperate attempt to have another bite at the WS cherry and the last word.  But why should they? It was filed and served far too late and without any application or notice. It should be struck out and the Claimant's original WS stands as their case.

I definitely agree with you. It is definitely unfair. Would it only be worth challenging this SWS at the hearing then?

Coupon-mad

Yes - my first sentence explains why.  And most Judges don't like email tennis.

Le_Kirk

billytheant said:

Coupon-mad said:

Object to its lateness at the hearing 

I definitely agree with you. It is definitely unfair. Would it only be worth challenging this SWS at the hearing then?

That is what @Coupon-mad's whole post is suggesting you do along with some reasoning for you to use with the judge.

Fruitcake

I agree. Unless their SWS reveals some major winning point in your favour, I would just bring it to the judge's attention as a preliminary matter at the start of the hearing.

Grizebeck

https://www.civillitigationbrief.com/2016/04/10/amplifying-witness-statements-at-trial-it-is-probably-far-too-late/

Good reading here.

billytheant

Thanks for the replies!

Another email from BW Legal today addressed to me and the court. This one detailed their statement of costs, totalling a crazy amount of over £800!

Is this allowed past the documents deadline? Seems like another scare tactic.

Fruitcake

Summary cost assessments are normally done a day or two before the hearing. I hope you have submitted one of your own.

Coupon-mad

They can't have the extra costs unless you behave wholly unreasonably. Such as not turning up to the hearing or not having followed court deadlines.

They know this (it's in the Civil Procedure Rules) but this is a useful scare tactic that sends uninformed people running to the phone to beg to settle, I'm sure.

Don't waver. It's all part of the bullying. Turn up to the hearing in good time. Is it in person?