Small Claims Court rules on document submission (garage rent case)

DontLikeCouncils

I am being sued for money in the Small Claims Court. I am counterclaiming for a smaller amount. I submitted my defence and counterclaim documents by the dates required. The original claimant has not responded at all to my counterclaim. About four months have passed. 

The court hearing is several weeks away. The court wants my documents in a few days' time. Most of my evidence was sent previously but I have a small amount to add which needs time and effort (involves Land Registry). I have chronic illness which has worsened a lot recently, and may prevent me from preparing and sending my new documents in time. 

1) What happens if I cannot either send the documents in time, or get the claimant to agree to a delay? 

2) Can I take new evidence to Court without previously sending the documents? Would sending a summary of my intention in advance help? 

3) Can I now request default judgement for my counterclaim? Is there any reason not to? If my counterclaim argument is accepted it may well destroy the original claimant's case. 

Markmywords

Has the claimaint responded at all to your counterclaim? 

DontLikeCouncils

No response at all. 

ChirpyChicken

1. You do no submit witness statements or evidence when submitting your defence/claim unless its a part 8 claim
So (unless it's a part claim) resubmit all your evidence with your witness and serve it on the other side.
So work on it now and get it 14 days (assuming that's the length before the hearing 
2. No you can not. That is not allowed under civil procedure rules. You can not hijack the other side.
3. Your close to the hearing date so deal with issues then


Post up the order from the court maybe helpful

Markmywords

DontLikeCouncils said:

No response at all. 

I think that you can get a default judgement if no response to the counterclaim has been received. 

ChirpyChicken

Markmywords said:

DontLikeCouncils said:

No response at all. 

I think that you can get a default judgement if no response to the counterclaim has been received. 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12

Markmywords

ChirpyChicken said:

Markmywords said:

DontLikeCouncils said:

No response at all. 

I think that you can get a default judgement if no response to the counterclaim has been received. 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12

Thanks. I am confused. Would you be able to explain please?

ChirpyChicken

Markmywords said:

ChirpyChicken said:

Markmywords said:

DontLikeCouncils said:

No response at all. 

I think that you can get a default judgement if no response to the counterclaim has been received. 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12

Thanks. I am confused. Would you be able to explain please?

It is the CPR rules around default judgements.
In the current case they should now wait for any hearing given how soon it is

Markmywords

ChirpyChicken said:

Markmywords said:

ChirpyChicken said:

Markmywords said:

DontLikeCouncils said:

No response at all. 

I think that you can get a default judgement if no response to the counterclaim has been received. 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12

Thanks. I am confused. Would you be able to explain please?

It is the CPR rules around default judgements.
In the current case they should now wait for any hearing given how soon it is

oh ok. I genuinely thought that a default judgment could be applied for

ChirpyChicken

Markmywords said:

ChirpyChicken said:

Markmywords said:

ChirpyChicken said:

Markmywords said:

DontLikeCouncils said:

No response at all. 

I think that you can get a default judgement if no response to the counterclaim has been received. 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part12

Thanks. I am confused. Would you be able to explain please?

It is the CPR rules around default judgements.
In the current case they should now wait for any hearing given how soon it is

oh ok. I genuinely thought that a default judgment could be applied for

Yes but it's very late in the day 

DontLikeCouncils

The Court letter says:

1. No later than 4pm on 27 January 2025, the parties must send to each other and to the Court:

a. All of the documents that are relevant to their case. These documents should be placed in date order and should be numbered in the bottom right hand corner. The documents should include any relevant contract or agreements relied upon, and any relevant correspondence (including text messages and emails).

b. A witness statement from anyone, including the party themselves, who intends to give evidence at the hearing. 

A witness statement must

i. have the court case number at the top

ii. start with the witness' name and address

iii. It must contain numbered paragraphs and should be typed and double spaced. If not typed, it must be written clearly in block capitals or printed.

iv. finish with the words "I believe the facts set out above to be true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.", the date of the statement and the person's signature.

c. Original versions of the documents and witness statements should be brought to the hearing in case the Court wishes to see them. 

2. If you do not follow these directions within the time limits, the Court may decide that a case should be struck out without further notice to you and the hearing vacated. This means that you will not be able to continue to bring or defend this claim, and a judgment may be made against you. 

3.  If you cannot comply with these directions, you should make a formal application to the court before the deadline expires, using the right form and paying the court fee. 

-----------------------------

I responded to the original claim by sending photos of my N9B Defence and Counterclaim form to the court and the claimant. The court told me the photos were not clear enough, so I hand delivered the original form to the court, as agreed by phone. I had also sent a photo of the relevant garage rental agreement.

The claimant had sent his summary of text messages asking for payment, my replies, and a reference to the written agreement, to the court with his claim. Nothing else, not the actual agreement, and he sent nothing to me personally.

He has not responded in any way to my counterclaim.

I have phoned the court, saying most of my documents have already been delivered, and was told I need not send those again, only anything new. 

I had really thought that the evidence of both parties was limited to the original claim, defence and counterclaim. I was shocked to discover that further evidence can be added. If I had more time and better health I would apply to the Land Registry for ownership details of the garage, which I think would strengthen my case. (I think he lied). 

The hearing date is 7 March, although I hope to get an adjournment on health grounds. I have not yet asked for that, or a document delivery extension, because I have been waiting for a medical diagnosis.