Small Claims Court Additional Evidence

[Movinghouseatlast]

I am being taken to court by a builder who I refused to pay a final installment to due to his terrible workmanship.

I have 3 quotes to rectify the work and a full structural survey. In his witness statement he implies I have forged all of these!

Also in his witness statement he has said some things which are downright lies. One is that I got 3 men to threaten him which is his word against mine! But a few things I actually have proof that they are lies- one example is that he says I stole a photograph from his website and put it on mine when I have an email of me asking permission to use the photo and another where he agrees.

Now these particular lies have no real bearing on the case, as they were not mentioned in the initial claim.

I really wish I could put these as evidence now as I think it shows that he will tell barefaced lies about me.

I didn't put these particular emails in as evidence as a solicitor advised me to keep it simple for the judge and just answer his claim, which was that the work was good quality and he should be paid for it.

I have read conflicting things about whether I can submit additional evidence now. The trial is in 16 days.

I really wish I had put in every email and text rather than following the solicitors advice. The builder has put none of our email exchanges in- he has just put in a witness statement.

Can I send additional evidence now? Thanks for any help, this is all driving me mad!

The first question to consider is not whether you can. It is whether you should.

The judge won't thank you for submitting evidence that is not relevant to the case. The judge won't be interested in the builder's allegations as they are not relevant. Stick to the facts. He did some work which was of poor quality and needs rectification, so you have justification to refuse to pay the final instalment.

You had good advice from a solicitor. Listen to what you were told.