QUEEN'S BENCH DIVISION
London WC2A 2LL
B e f o r e :
|(1) THE SECRETARY OF STATE FOR THE COMMUNITIES AND LOCAL GOVERNMENT|
|(2) HEREFORDSHIRE DISTRICT COUNCIL||Defendants|
WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
Mr David Blundell (instructed by the Treasury Solicitor) appeared on behalf of the First Defendant
Crown Copyright ©
"A defendant who wishes to rely on written evidence must file it when he files his acknowledgment of service."
Thus, under the Rule there appears to be a requirement to file any written evidence within 14 days of service of the claim.
"The respondent [for some reason the defendant is called the respondent in the practice direction] must –
(1) file any witness statement in opposition to the application in the Administrative Court within 21 days after service on him of the applicant's witness statement; ..."
A witness statement should normally accompany the claim form, and has done in this as it would in almost all cases.
"The claimant must file any written evidence on which he intends to rely when he files his claim form."
"Where the Part 8 procedure is followed -
(a) provision is made in this Part for the matters which must be stated in the claim form and the defendant is not required to file a defence and therefore -
(ii) Part 15 (defence and reply) does not apply; ..."
"Except where these Rules provide otherwise, the court may -
(m) take any other step or make any other order for the purpose of managing the case and furthering the overriding objective."
The overriding objective is in Part 1, which is to enable the court to deal with a case justly.