Has anyone navigated a set aside hearing without clear directions from the court?

[BrinkWomanship]

Has anyone navigated a set-aside hearing without getting clear directions from the court?

I’m representing myself in a civil claim (litigant in person) and the other side has made an application to set aside a judgment. The problem is I’ve had no directions from the court telling me when I need to file my evidence in response, and I’ve heard nothing back after chasing them.

Does anyone know (or has been through something similar):

• When does my witness statement and any supporting documents need to be filed and served on the other side?

• How many copies does the court need, and by when?

• Can you file by email these days, or does it have to be post or the e-filing portal?

Any help gratefully received. I don’t want to miss a deadline I don’t even know exists!

Sounds like you need a solicitor not free legal advice off mumsnet

I believe it’s just standard process. I just don’t know what it is!

According to ChatGPT:

Yes — this is quite common in County Court set-aside applications, especially on the small claims track. Courts are often overloaded and sometimes list the hearing without giving detailed directions unless the judge specifically orders them.
A few general points (England & Wales civil procedure):

• If the court has not given a specific deadline, the usual expectation is that you still file and serve your evidence “within a reasonable time” before the hearing.
• In practice, many litigants aim for:
• at least 7 days before the hearing, and preferably
• 14 days before if possible.
• Check the hearing notice very carefully — sometimes directions are hidden in small print or attached as a separate page.

For a set-aside hearing, you would normally prepare:

• a witness statement,
• exhibits/supporting evidence (emails, screenshots, timeline, proof of service, etc.),
• and ideally a short chronology or summary if the case is messy.

You generally need to:

1. File it with the court, and
2. Serve the same bundle on the other side.

For copies:

• If emailing: usually one electronic copy to the court plus one to the other side.
• If attending in person: take at least:
• one for you,
• one spare for the judge,
• one spare for the opponent.

Some courts print electronically filed documents; some do not, so having a paper hearing bundle with page numbers is sensible. Email filing is now widely accepted in County Courts, but it depends on the hearing centre. Usually:

• documents under the email size limit can be emailed to the court’s published civil address;
• the subject line should include the claim number;
• PDF format is preferred.

If the court uses CE-File, that is mainly for higher courts and some specialist jurisdictions — many ordinary County Court claims still use email. One important practical point:

• If you have chased the court and had no response, keep proof of that (emails/call logs).
• If directions genuinely were never given, judges are usually reluctant to punish a litigant in person for procedural uncertainty, especially if you acted reasonably and served your evidence promptly once prepared.

At the hearing, if the other side complains about timing, you can calmly explain:

• no directions were provided,
• you attempted to obtain clarification,
• and you served evidence as soon as reasonably practicable.

Ring the court and ask

Thank you @FreddysFingers. Claude told me similar.

I tried @ByQuaintAzureWasp. Several times. They wouldn’t give me “legal advice” as they called it, despite my queries being procedural and put me in touch with a charity who could help me apparently. Except the wait time was beyond my hearing date. How lay people are meant to obtain justice when there’s no clear direction is beyond me. This whole two year process has felt like I was in some weird existential nightmare.

Can you hear my eye roll from wherever you are?!

I guess that why people spend years to train to be lawyers.

That’s true. But the court system’s helpline should be able to say something like: the judge and other parties need to receive all papers by X days before your hearing. They should be submitted by Y method and meet Z requirements (eg file size). That’s not legal training. That’s just standard process. If it needs to be varied by case, then put the bloody instructions on the hearing notification being sent to the lay person.

gah! I’m frustrated and pissed off being passed from pillar to post over two years because someone who owes me money just decided not to pay.

Don’t trust AI whatever you do! It makes up case references

Have you read the CPR on this? https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part13

Whilst the Chat GPT advice is OK as far as it goes, it completely omits what is by far the most important point, namely does your opponent actually have an argument at all for setting aside the judgment?

It's not easy to get one set aside, and if the application is prepared by a non-lawyer (and this includes AI) who doesn't understand the law, then it may be doomed to fail, so that there would be no need for you to produce any witness evidence.

In that event you could just write to the court, pointing out that the application was bound to fail, and asking them to strike out the application without a hearing. Unfortunately, unless you draw their attention to it they will never do this of their own initiative.

How much is the judgment for?

It’s for over £10k. The defendant is saying he a) didn’t receive the documentation (which he did) and that b) he’s not personally liable, just his business.