Oscar-winning screenwriter Dustin Lance Black’s assault trial has been delayed after the Crown Prosecution Service (CPS) lost a file containing the police interview of the alleged victim, BBC Three presenter Teddy Edwardes.

Black, who is accused of throwing a drink over Edwardes in a London nightclub last year, arrived at Westminster Magistrates Court in London on Tuesday morning expecting the one-day trial to take place. However, it turned out that Court 9, where the hearing was set to go ahead, had been double-booked with another high-priority case. After an hour of to-ing and fro-ing, Black’s trial was moved to Court 1 with Chief Magistrate Paul Goldspring presiding over it.

It was then that the CPS revealed that they had lost the file containing Edwardes’ police interview. The police officer who had conducted the interview was not available to confirm whether she still had body-cam footage of the interview or any notes.

Black’s lawyer, Helena Duong, argued that the case should be dismissed due to the loss of key evidence. She also pointed out that Black had spent significant time and resources flying to the U.K. to stand trial on what the Chief Magistrate agreed were relatively low-level charges.

Judge Goldspring agreed that the case was “not the most evidentially strong” and said even if the prosecution proved the totality of their case the likely sentence would fall somewhere between a fine and a “low level community order.”

However, the judge said the line between dismissing the case and allowing it to be heard was “finely balanced” and ultimately said the prosecution should be allowed to put forward their case. The trial has been rescheduled for early November.

Black’s lawyer said the screenwriter would be making an application for costs if he is eventually acquitted. His legal team have also made an application to the court for the trial to be thrown out due to abuse of process.

During the hearing, there was also discussion over a witness statement provided by Black’s husband, the Olympic gold medalist Tom Daley, who was present on the night of the alleged incident. The prosecution had refused to hand over a copy of the statement to Black’s legal team, saying it was irrelevant, until Judge Goldspring ordered it should be handed over.

The altercation between Black and Edwardes took place last August at Freedom nightclub in London’s Soho district around midnight. Edwardes said Black threw a drink over her and twisted her wrist. In retaliation, she said, she punched him in the back of the head. During the prosecution’s opening statement on Tuesday, lawyer Adrita Ahmed acknowledged Edwardes had received a caution for punching Black in the back of the head.

Edwardes was also present in court on Tuesday.

The delay in Black’s trial is a further setback for the screenwriter, who has already spent months dealing with the legal case. He has previously denied the allegations against him and has said he is “confident that the truth will come out.”

The trial is due to resume on November 7.