Hi all
Happy New Year!
I am a newbie on the forum and have a few questions related to third party disclosure (CPR 31.17) in the small claims track. I’m hoping R0b might be able to help out, as I see from a quick search you’ve answered a question on it before
Background..
I am the claimant in a small debt claim. The claim has been allocated to the small claims track. The hearing is listed for mid-February.
An email document sent FROM the Defendant TO a non-party has been disclosed to me. The document fully corroborates the facts pleaded in MY statements of case, and wholly contradicts the Defendant’s statement of case. I believe the document to be so significant that the Defendant would have no real prospect of defending the claim and as such, I wish to ensure I can rely on the document at the hearing.
Questions..
1) I am aware that CPR Part 31 does NOT apply in the small claims track (CPR 27.2(b) states that Part 31 (Disclosure and inspection) does not apply to the small claims track). Therefore, I am unsure of my position in terms of using the third party email. Given the document is not in fact my own, my concern is I may not be allowed to rely on it unless I first get the court’s approval.
Am I permitted to just turn up to court and use the document (provided of course I have served it on the other party 14 days before), without any need for obtaining the court’s permission?
I would have thought that I do require the court’s permission, but I may be wrong. I want to avoid creating additional, unnecessary work for myself in being so obsequious to CPR - for all I know, the court could simply turn a blind eye to these sorts of procedural admissibility issues in the small claims track, and just focus on what is presented to them on the day.
[As a side note, the court should surely actually set down less formals rules for the small claims track? Why should I have to guess which rules do and don’t apply where a Part has been dis-applied!?]
2)
a) If I DO need to obtain the court’s permission, am I required to make an application for a special direction?
b) And would such an application (by way of Form N244 + witness statement to the Court to request that the Court orders a non party to disclose a document), be pursuant to CPR 31.17? Or do I just make a general request, given Part 31 does not apply?
c) Must I include the document itself as an enclosure in my statement?
d) Any tips on the wording of my application or witness statement? I was thinking along the lines of:
I RESPECTFULLY REQUEST THAT:
The court issues a special direction to permit the disclosure of a document by a third party, because the document sought is relevant and material to the dispute, and disclosure of the document is:
a) likely to support the Applicant / Claimant’s case
b) adversely affect the case of the Defendant
c) necessary in order to dispose fairly of the claim and save costs
3)
a) Once the court gives it’s permission for the document to be disclosed, what is the process?
b) Do they need to contact the third party to obtain the evidence, even though I now have a copy of it? Or can I provide the copy myself, so the third party needn’t get involved?
I just need to know so I can explain to the third party any steps he may need to take.
Your help on the above would be greatly appreciated!
Thanks
Alex
Happy New Year!
I am a newbie on the forum and have a few questions related to third party disclosure (CPR 31.17) in the small claims track. I’m hoping R0b might be able to help out, as I see from a quick search you’ve answered a question on it before
Background..
I am the claimant in a small debt claim. The claim has been allocated to the small claims track. The hearing is listed for mid-February.
An email document sent FROM the Defendant TO a non-party has been disclosed to me. The document fully corroborates the facts pleaded in MY statements of case, and wholly contradicts the Defendant’s statement of case. I believe the document to be so significant that the Defendant would have no real prospect of defending the claim and as such, I wish to ensure I can rely on the document at the hearing.
Questions..
1) I am aware that CPR Part 31 does NOT apply in the small claims track (CPR 27.2(b) states that Part 31 (Disclosure and inspection) does not apply to the small claims track). Therefore, I am unsure of my position in terms of using the third party email. Given the document is not in fact my own, my concern is I may not be allowed to rely on it unless I first get the court’s approval.
Am I permitted to just turn up to court and use the document (provided of course I have served it on the other party 14 days before), without any need for obtaining the court’s permission?
I would have thought that I do require the court’s permission, but I may be wrong. I want to avoid creating additional, unnecessary work for myself in being so obsequious to CPR - for all I know, the court could simply turn a blind eye to these sorts of procedural admissibility issues in the small claims track, and just focus on what is presented to them on the day.
[As a side note, the court should surely actually set down less formals rules for the small claims track? Why should I have to guess which rules do and don’t apply where a Part has been dis-applied!?]
2)
a) If I DO need to obtain the court’s permission, am I required to make an application for a special direction?
b) And would such an application (by way of Form N244 + witness statement to the Court to request that the Court orders a non party to disclose a document), be pursuant to CPR 31.17? Or do I just make a general request, given Part 31 does not apply?
c) Must I include the document itself as an enclosure in my statement?
d) Any tips on the wording of my application or witness statement? I was thinking along the lines of:
I RESPECTFULLY REQUEST THAT:
The court issues a special direction to permit the disclosure of a document by a third party, because the document sought is relevant and material to the dispute, and disclosure of the document is:
a) likely to support the Applicant / Claimant’s case
b) adversely affect the case of the Defendant
c) necessary in order to dispose fairly of the claim and save costs
3)
a) Once the court gives it’s permission for the document to be disclosed, what is the process?
b) Do they need to contact the third party to obtain the evidence, even though I now have a copy of it? Or can I provide the copy myself, so the third party needn’t get involved?
I just need to know so I can explain to the third party any steps he may need to take.
Your help on the above would be greatly appreciated!
Thanks
Alex
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