Author: Roxanne Bradley
Published: September 15, 2016
Reading time: 1 minute
This article is 8 years old.
Read our disclaimer keyboard_arrow_down
This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.
The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.
The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.
Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.
If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.
All characters are fictitious and should not be taken as referring to any person living or dead.
Use of this website shall be considered acceptance of the terms of the disclaimer presented above.
A Claimant (consumer) issued proceedings against our client, although we were advising and assisting our client before proceedings were issued, the Claimant was not happy with the answer they had received, so they issued further proceedings which we again assisted with defending the claim.
Proceedings take months and certain orders given by the Court need to be followed by both parties. One of the orders is a Witness Statement from each party, to be filed with any evidence the party intends to rely on at the future hearing. A copy must be filed with the other party as well as the Court. In this particular case, the Claimant did not follow the order and as such no Witness Statement nor documentation of evidence was ever served to the Court or our client.
Due to the onus being on the consumer to prove his claim against our client and having not filed any such documentation, it was requested the claim be struck out.
The Judge agreed and the claim was dismissed as well as costs being awarded to our client!
The case is an example of the need to follow the Court orders given.
