06-04-2026, 09:03 AM
@Gooner Yes, for now you wait to see whether the £27 hearing fee is paid by 19 June, but do not assume the court will promptly notify you if they default.
Courts are often slow with notices. If the fee is not paid, the claim should normally be struck out or the hearing vacated under the terms of the order, but you may not hear immediately.
If you have still received no WS from Gladstones, keep a clear record of that. Do not chase them for it. They had the same deadline as you. If they later serve a late WS, you can object and point out that you had to prepare your own WS without seeing any evidence from the Claimant.
After 19 June, I suggest you phone the court and ask whether the Claimant paid the hearing fee by the deadline and whether the hearing remains listed. Until then, make sure your own WS has been both filed with the court and served on Gladstones.
I would not assume Gladstones will discontinue just because they have failed to serve their WS on time. I would work on the assumption that Gladstones may now try to serve a late WS after seeing yours. Do not chase them. They had the same deadline as you and they have failed to comply with it.
Keep a clear note that, as at the WS deadline, nothing had been served by the Claimant or Gladstones. If they now serve a late WS, you should not treat it as automatically acceptable. It should be challenged on the basis that:
If a late WS arrives, keep the envelope/email and note the exact date and time of service. We can then prepare a short objection to the court asking that the late evidence is not admitted, or alternatively that you be given permission to file a short supplementary response limited to the new matters raised.
For now, do not help them fix their own breach. You have complied. They have not.
Courts are often slow with notices. If the fee is not paid, the claim should normally be struck out or the hearing vacated under the terms of the order, but you may not hear immediately.
If you have still received no WS from Gladstones, keep a clear record of that. Do not chase them for it. They had the same deadline as you. If they later serve a late WS, you can object and point out that you had to prepare your own WS without seeing any evidence from the Claimant.
After 19 June, I suggest you phone the court and ask whether the Claimant paid the hearing fee by the deadline and whether the hearing remains listed. Until then, make sure your own WS has been both filed with the court and served on Gladstones.
I would not assume Gladstones will discontinue just because they have failed to serve their WS on time. I would work on the assumption that Gladstones may now try to serve a late WS after seeing yours. Do not chase them. They had the same deadline as you and they have failed to comply with it.
Keep a clear note that, as at the WS deadline, nothing had been served by the Claimant or Gladstones. If they now serve a late WS, you should not treat it as automatically acceptable. It should be challenged on the basis that:
- it was served after the Court-ordered deadline;
- you had already been forced to prepare and serve your own WS without seeing any of their evidence;
- the late WS is likely to contain the very details missing from their defective PoC; and
- they should not be allowed to use late evidence to repair a claim that was inadequately pleaded from the outset.
If a late WS arrives, keep the envelope/email and note the exact date and time of service. We can then prepare a short objection to the court asking that the late evidence is not admitted, or alternatively that you be given permission to file a short supplementary response limited to the new matters raised.
For now, do not help them fix their own breach. You have complied. They have not.
Never argue with stupid people. They will drag you down to their level and then beat you with experience. - Mark Twain
