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Filing statement and evidence

10 replies

Juststopamoment · 20/05/2020 19:52

I was supposed to file by 4pm today and i had a problem with sending so one was sent at 4.01 and the other at 4.13. The second was too big and had to be sent in a separate email. Looking at the rules it looks like I will be shown as filing the next day so it will be late and also it looks like I shouldn’t have sent it in two emails AND the pdf was too large in size. What should/can i do? Also the other side were supposed to have sent their’s by 4pm today and I haven’t received anything. Thanks.

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girlie123 · 20/05/2020 20:07

Firstly, don't panic.
Ring the Court in the morning and the solicitors on the other side. Explain to them what you have said here.
Secondly I assume you are in a litigant in person and in these sorts of circumstances the court allow a little leeway.
Keep the original emails that bounced back for being to large and if needed you have these as proof that you attempted to file on time.

Juststopamoment · 20/05/2020 20:16

I’ve got a direct access barrister so I had to submit the papers myself. Thank you. I’ll ring them tomorrow. I just hope someone picks up. It’s not easy to speak to people.

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girlie123 · 20/05/2020 20:25

It is difficult but court staff are still working and hopefully you'll be able to get through to someone.
If papers are late coming from solicitors on other side then I would imagine you'd be just fine
Good luck

Juststopamoment · 21/05/2020 08:32

The other thing is that now that they are filing later than me (I still haven’t got it) they will have seen my statement and evidence and will be able to tailor theirs to counteract mine. Can the magistrate see that is what they could be doing and what would I do in that case?

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girlie123 · 21/05/2020 09:53

Have you still not received anything from them?
I can't imagine they would do something like that - really they shouldn't open or look at yours until they have sent theirs.
If you are worried email them and say something like "I note that the date to file xyz was (date) and I note that I have yet to receive anything from you. In the circumstances can you please confirm that my documents will not be opened or looked at until such time that your documents have been filed".
It could well be that they filed them at court and have not sent them to you also....would they have sent them to your barrister instead?

Juststopamoment · 21/05/2020 14:13

Thank you Girlie123. They’ve sent me an email saying that they won’t open it until they send theirs. They haven’t sent theirs yet. The hearing is next Wednesday. I hope we have enough time to prepare. Appreciate your response.

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Juststopamoment · 22/05/2020 20:35

Looking at their statement I would say they have seen mine before they sent theirs. They’ve made enough tweaks in there so it’s obvious to me. Is there anything I can do about this? Is there a governing body I can complain to?

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girlie123 · 22/05/2020 22:02

Are you absolutely certain that the tweaks have been made after yours was sent, do you have proof of this?
If they have tweaked it, does it change their case substantially or not really enough to make a difference - eg will they gain massively from this...
I would.be inclined to discuss with your barrister as I see no reason when at the hearing it you could ask it be noted that your documents were served first and theirs a significant amount of time after.
I"m not sure enough to be able to advise you properly sorry, but this definitely warrants a discussion with your barrister.
He/she would need all docs if they are representing at the upcoming hearing so may be worth bringing if up with he/she x

Juststopamoment · 23/05/2020 08:35

I’m certain they have changed it. They haven’t changed it massively but enough to counteract some of my points and change the tone of theirs. I have told my barrister. I’ll see what she thinks. Thanks.

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Juststopamoment · 23/05/2020 08:37

I will ask her to mention it at the hearing so they are aware. Thanks.

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