The Court of Appeal have again emphasised the new approach to be taken by the courts to non or late compliance with directions orders. Here the police were prevented from relying on a number of witness statements all of which were served late. Some were very late but 2 were only 1 day late.

http://www.bailii.org/ew/cases/EWCA/Civ/2013/1624.html

The message is clear "comply with the order or you may be left with no evidence". It seems that the 2 statements served only 1 day late could probably have been relied on if an applicaiton had been made promptly for relief but as that application was delayed it was refused. The others probably had no chance as they were served too long after the correct date.

Pre-jackson the courts were very willing to allow flexibility but this approach seems to have evaporated which might not be a bad thing for us as there are numerous examples of DCAs/creditors turning up with new documents as late as the morning of a trial which may now potentially be stamped out.

If court directions are not followed a winnable case may well be lost.