County court - defendant did not include a witness statement 30 December 2022 at 6:15PM in Consumer rights 8 replies 506 views

Jimmygg7

I am taking a tradesman to the court, and I have prepared everything that was asked by the court.

In turn, he just printed out our correspondence in messages and emails, and sent me that, without any witness statement whatsoever. FWIW, he left me an envelope by hand, i.e. not posted, therefore there is no evidence that he even posted his evidence.

Does that count as evidence as far as the court is concerned i.e. without including any witness statement?

Jenni_D

What matters is what (and how) he filed with the court. If your WS is properly constructed, and his is as you received, then the judge is likely to look more favourably on your side.

You could always call the allocated court (after the holidays now) to check whether he has filed a WS. (Assuming the date for filing has now passed).

Jimmygg7

Jenni_D said:

What matters is what (and how) he filed with the court. If your WS is properly constructed, and his is as you received, then the judge is likely to look more favourably on your side.

You could always call the allocated court (after the holidays now) to check whether he has filed a WS. (Assuming the date for filing has now passed).

Right, I was intending to do so, however, they never pick up or respond to emails...I have to give it a try though.

How should I perceive the "more favourable" part?

Jenni_D

Jimmygg7 said:

How should I perceive the "more favourable" part?

In any way you wish. It is only my opinion that a professional-looking submission will be perceived in a better way by a judge, so if the judge was on the fence regarding the judgment then that might swing things in your favour.

Again - only my opinion.

bris

It may be all he has or needs.

Text messages and emails are admissible so the contents of those message are as important as any other evidence.

I assume he believes that's the proof he needs so it's now up to the court to decide.

.

Jimmygg7

Jenni_D said:

Jimmygg7 said:

How should I perceive the "more favourable" part?

In any way you wish. It is only my opinion that a professional-looking submission will be perceived in a better way by a judge, so if the judge was on the fence regarding the judgment then that might swing things in your favour.

Again - only my opinion.

Got it, thanks.

Jimmygg7

bris said:

It may be all he has or needs.

Text messages and emails are admissible so the contents of those message are as important as any other evidence.

I assume he believes that's the proof he needs so it's now up to the court to decide.

.

Sure, but neglecting to write a witness statement shows, if anything, reckless behaviour I think. Otherwise, there would be no direction to write one.

MalMonroe

Jimmygg7 said:

bris said:

It may be all he has or needs.

Text messages and emails are admissible so the contents of those message are as important as any other evidence.

I assume he believes that's the proof he needs so it's now up to the court to decide.

.

Sure, but neglecting to write a witness statement shows, if anything, reckless behaviour I think. Otherwise, there would be no direction to write one.

Hi, what you say above hits the nail right on the head.

It's the defendant's responsibility to ensure that he submits the correctly requested documents to a court in his own defence.

If he fails to do that, then the claimant (you, in this case) will be looked on favourably (as Jenni_D has said above) since the defendant has been derelict in his duty. (That is to say, he hasn't done what he's been told by the court to do. In fact, he doesn't seem to be taking it seriously but that is his outlook.)

You said he left you an envelope and - "Does that count as evidence as far as the court is concerned i.e. without including any witness statement?"

- but he has to also submit that information to the court. So it doesn't matter if there's no proof that he gave it to you. It could be that he's left out the witness statement - either deliberately, or in error. 

All you can do is leave him to make his own mistakes while you follow the instructions you've been given. It's up to the court to decide what's what. If he hasn't provided the correct information, it's just another illustration of how disorganised he is.  

Don't worry about him and just concentrate on your own submissions. It sounds as if you've got this covered and understand exactly what is required of you.

I wouldn't even bother contacting the court to ask about HIS evidence because it's not your concern. Your concern is your own evidence and if that's all in order, then you can't do any more to prepare.

 As bris has said above, it's up to the court now. 

Good luck with the case. 

Jimmygg7

MalMonroe said:

Jimmygg7 said:

bris said:

It may be all he has or needs.

Text messages and emails are admissible so the contents of those message are as important as any other evidence.

I assume he believes that's the proof he needs so it's now up to the court to decide.

.

Sure, but neglecting to write a witness statement shows, if anything, reckless behaviour I think. Otherwise, there would be no direction to write one.

Hi, what you say above hits the nail right on the head.

It's the defendant's responsibility to ensure that he submits the correctly requested documents to a court in his own defence.

If he fails to do that, then the claimant (you, in this case) will be looked on favourably (as Jenni_D has said above) since the defendant has been derelict in his duty. (That is to say, he hasn't done what he's been told by the court to do. In fact, he doesn't seem to be taking it seriously but that is his outlook.)

You said he left you an envelope and - "Does that count as evidence as far as the court is concerned i.e. without including any witness statement?"

- but he has to also submit that information to the court. So it doesn't matter if there's no proof that he gave it to you. It could be that he's left out the witness statement - either deliberately, or in error. 

All you can do is leave him to make his own mistakes while you follow the instructions you've been given. It's up to the court to decide what's what. If he hasn't provided the correct information, it's just another illustration of how disorganised he is.  

Don't worry about him and just concentrate on your own submissions. It sounds as if you've got this covered and understand exactly what is required of you.

I wouldn't even bother contacting the court to ask about HIS evidence because it's not your concern. Your concern is your own evidence and if that's all in order, then you can't do any more to prepare.

 As bris has said above, it's up to the court now. 

Good luck with the case. 

Thank you so much for taking the time to write this up! It helps!