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Filing evidence dea...
 
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[Solved] Filing evidence deadline missed

 
(@thelongroad)
Estimable Member Registered

Hi,

I have filed my evidence including written statement today to court via paperwork and Cafcass and my sons mothers solicitors for our final hearing.
The court order asked that all parties exchange paperwork by 4pm on 21.01.19 which is today.
Myself as a LIP have adhered to that but my sons mothers solicitors have not sent me their filed paperwork.
If they have been asked to prepare the paperwork by the court can they still miss deadlines?

It is also just ridiculous despite NMO being discharged that she gets legal aid. I had emailed Manchester legal aid representations to complain about her still receiving legal aid support at Xmas but did not get a response from them..

Anyway, I guess there is not much I can do. I just get the impression they can prepare their case better by looking at my already filed evidence and then making their own representations over the allotted time, but without being held account by the court?

Quote
Topic starter Posted : 21/01/2019 8:57 pm
 Mojo
(@Mojo)
Illustrious Member Registered

It's a pity you didn't arrange to exchange statements by hand, to avoid this kind of tactic. Give the solicitor a call in the morning and ask to drop by and pick it up. You can also give the court a call and ask if it has been filed, courts are supposed to be coming down on late filing, but in reality it's often not dealt with as harshly as it should be.

The court can awarded costs for late filing, they can refuse to allow the statement to be filed, thereby preventing the use of any evidence relied upon in the statement, but these are rarely used... there is some case law, that you could quote. I'll dig out the article with more info.

ReplyQuote
Posted : 21/01/2019 11:00 pm
 Mojo
(@Mojo)
Illustrious Member Registered
(@thelongroad)
Estimable Member Registered

Thank you Mojo.
As always so helpful.

ReplyQuote
Topic starter Posted : 22/01/2019 12:04 am
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