Hi All, this group has been really helpful with an ongoing small claims court case.
As briefly as possible, a trader began some work for us last year , kept asking for money outside the terms of the contract and then when we made him a formal offer to change the terms to advance him some money he walked off the job leaving us living in a building site with two young children.
He then raised a claim against us (it’s unclear why he thinks he’s owed money) and we counterclaimed for the cost of completing the work and repair of the damage he caused to our home (which he admitted to in writing and agreed he would repair but didn’t).
Anyway, it’s been a stressful 13 months and we’re about to go to the hearing in a week and half.
The trader has cocked up the court process several times (missed all but one deadline and didn’t pay the hearing fee causing him to have to go a reinstatement hearing where the judge fined him).
His recent cock to relates to his evidence where he disclosed the details of the mediation session we took part in and which was made clear to both parties was confidential.
I emailed the court to point this out (copying the trader in) and a judge responded that I should notify the other party that I intend to object to the use of confidential information in the case. Then they say I may make a formal application to disallow the use of evidence.
I have a few questions:
- Have I not already notified the other side through my first email that I am objecting?
- How do I make a formal application to the court?
- Would this disallow the use of ALL evidence including mine? My evidence is extensive so I think I should be able to use it asI’ve not breached any confidentiality rules.
- Could this cause a delay to the hearing? The hearing was already vacated earlier in the year because he didn’t pay his fees causing a 3 month delay. We really want this over before Christmas.
Any advice very gratefully received.