Author: Roxanne Bradley
Published: June 14, 2018
Reading time: 1 minute
This article is 3 years old.
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It sounds self-explanatory but a Court order sets out the obligations of each party and provides deadlines for the obligations to be met.
If you don’t pay attention to the contents of the Court order, this could cost you the case…. As a consumer recently found out during a hearing with our client whom was the Defendant in the matter.
This particular order stated neither party was allowed to rely on expert evidence during the hearing unless permission had been granted by the Court before hand. If a party wished to use expert evidence, they needed to write to the Court immediately and request permission and provide an explanation as to why the expert report was necessary.
On the day of the hearing, the Claimant attempted to rely on expert evidence which was also filed as part of their Witness Statement. The Claimant had not requested permission from the Court beforehand!
The Judge disallowed the evidence and the claim was dismissed. The Claimant had failed to prove their claim!