If you receive no response or the claimant continues to refuse to supply documents, or if they say they will supply documents but it make take longer than the time you have to file a defence but refuse to confirm their agreement to an extension of time under the CPR, then you need to apply to the court for an order making them comply with your request. You must do this before the deadline for entering your defence.
An application for a directions order costs £255.
You will need form N244. This can be downloaded N244 (opens in new window)
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If you are on a low income or certain means- tested benefits you may be eligible for fee remission. In which case you can complete the EX160 form. There are instructions on how to do this here.
Completing the N244 Application
The form is mostly self explanatory but this is an example of the completed form for reference.
This is suggested text for section 3.
3: What order are you asking the court to make and why?
An order (a draft of which is attached)that the Claimant shall provide the Defendant with copies of the documents listed in the draft order, pursuant to its duties under CPR 31.14 within 7 days of the date of the order.
In default of the above the Claim stands struck out without further order.
In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on ................................... 2014 (not less than 21 days from the date of compliance)
The Claimant shall pay the Defendants costs in this application.
You then need to attach a 'Draft Order for Directions' and a 'Witness Statement' to this application, these should be printed on separate sheets of paper. See the next post.
An application for a directions order costs £255.
You will need form N244. This can be downloaded N244 (opens in new window)
**************************************************
If you are on a low income or certain means- tested benefits you may be eligible for fee remission. In which case you can complete the EX160 form. There are instructions on how to do this here.
Completing the N244 Application
The form is mostly self explanatory but this is an example of the completed form for reference.
This is suggested text for section 3.
3: What order are you asking the court to make and why?
An order (a draft of which is attached)that the Claimant shall provide the Defendant with copies of the documents listed in the draft order, pursuant to its duties under CPR 31.14 within 7 days of the date of the order.
In default of the above the Claim stands struck out without further order.
In the event the Claimant complies with the above paragraph then the Defendant shall file and serve his Defence by 4pm on ................................... 2014 (not less than 21 days from the date of compliance)
The Claimant shall pay the Defendants costs in this application.
You then need to attach a 'Draft Order for Directions' and a 'Witness Statement' to this application, these should be printed on separate sheets of paper. See the next post.
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