03-06-2026, 04:07 PM
If you're pressed for time to get your bundle ready, in practice, no judge is likely to penalise you for a delay of one working day in these circumstances, particularly where the delay was caused by the claimant’s late service of their bundle.
Under CPR 27.4 and the standard small claims directions, parties are normally required to file and serve witness statements and documents by the specified deadline. However, the small claims track is intended to be flexible and the court retains broad case management discretion. Judges regularly allow evidence that is served slightly late where there is a reasonable explanation.
The cause of the delay is important. As the claimant only served a physical bundle the day before the deadline, that significantly limits your ability to properly review the material and prepare your own bundle in response. A judge is far more likely to regard a short delay as reasonable where the defendant needed time to examine evidence that arrived at the last minute.
The length of the delay is also relevant. Moving from Friday 6 March at 4pm to Monday 9 March at 4pm is effectively one working day. Courts routinely tolerate delays of this length provided the other party is not prejudiced.
The sensible approach is to serve the bundle as soon as it is ready rather than delaying unnecessarily. When sending it, include a short covering note explaining that the bundle could not be finalised by the original deadline because the claimant’s evidence bundle was only received the day before. This demonstrates transparency and shows that the delay arose from circumstances outside your control.
In practical terms, the most likely outcome is that the judge admits the bundle without comment. Sometimes a judge may note the delay but still allow the evidence. It would be very unusual for the court to refuse to consider the material in circumstances where the claimant’s late service contributed to the situation.
The key point is that a short delay caused by the claimant serving their evidence late is not something that normally counts against a litigant in person at a small claims hearing, provided the defendant acts promptly once the material has been reviewed.
Under CPR 27.4 and the standard small claims directions, parties are normally required to file and serve witness statements and documents by the specified deadline. However, the small claims track is intended to be flexible and the court retains broad case management discretion. Judges regularly allow evidence that is served slightly late where there is a reasonable explanation.
The cause of the delay is important. As the claimant only served a physical bundle the day before the deadline, that significantly limits your ability to properly review the material and prepare your own bundle in response. A judge is far more likely to regard a short delay as reasonable where the defendant needed time to examine evidence that arrived at the last minute.
The length of the delay is also relevant. Moving from Friday 6 March at 4pm to Monday 9 March at 4pm is effectively one working day. Courts routinely tolerate delays of this length provided the other party is not prejudiced.
The sensible approach is to serve the bundle as soon as it is ready rather than delaying unnecessarily. When sending it, include a short covering note explaining that the bundle could not be finalised by the original deadline because the claimant’s evidence bundle was only received the day before. This demonstrates transparency and shows that the delay arose from circumstances outside your control.
In practical terms, the most likely outcome is that the judge admits the bundle without comment. Sometimes a judge may note the delay but still allow the evidence. It would be very unusual for the court to refuse to consider the material in circumstances where the claimant’s late service contributed to the situation.
The key point is that a short delay caused by the claimant serving their evidence late is not something that normally counts against a litigant in person at a small claims hearing, provided the defendant acts promptly once the material has been reviewed.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
