CPR 31.14 - Disclosure of documents

[NOCAB]

Hi I recently sent a formal request following strict guidelines re the template/format for a defendant in a small claims proceeding to disclose documents he expects to rely on in court in the form off invoices and receipts. I have allowed him the allocated timelines according to the CPR but he has failed to respond.

Sadly the defendant has not provided the documents requested and the timelines have now been breached.

What can/should I do now?

[Amethyst]

Was this asking for documents mentioned in the Defendants statement of case (Defence)?

Have you filed directions questionnaires yet ?

[NOCAB]

Was this asking for documents mentioned in the Defendants statement of case (Defence)?

Have you filed directions questionnaires yet ?

Yes I have

[NOCAB]

And yes this was asking for documents in his defence

[Amethyst]

Ok - the case has been allocated to small claims ?

Normally in a small claims case the court will order witness statements and documents intended to be relied on in court to be exchanged around 14 days before the hearing.

CPR 31.14 is really only available pre-allocation ( as it's for fast track claims ) and a reply to the defence and any application should really be made when filing the DQ. Did you say anything in the DQ ?

You'd be unlikely to get an unless order for strike of the defence on non compliance with your 31.14 request as this will be dealt with in directions from the allocated court before any hearing.

Do you want to tell us a little about the case ? Would the copies of these documents mean your case should be discontinued ( if genuine/valid etc) ?

[NOCAB]

Ok - the case has been allocated to small claims ?

Normally in a small claims case the court will order witness statements and documents intended to be relied on in court to be exchanged around 14 days before the hearing.

CPR 31.14 is really only available pre-allocation ( as it's for fast track claims ) and a reply to the defence and any application should really be made when filing the DQ. Did you say anything in the DQ ?

You'd be unlikely to get an unless order for strike of the defence on non compliance with your 31.14 request as this will be dealt with in directions from the allocated court before any hearing.

Do you want to tell us a little about the case ? Would the copies of these documents mean your case should be discontinued ( if genuine/valid etc) ?

Hi, happy to disclose anything re the case.

Landlord v Tenant

The documents in question are invoices and receipts that support the defendants counter claim and defence. The counter claim suggests the defendant i.e carried out repair work (despite this not being allowed unless threat to life or limb as specified within the tenancy). The defendant repainted half of my lounge whilst apparently carrying out these repairs (which were not notified to me by the way) in a completely different colour (quite why I have no idea), and again under the tenancy is not allowed to re-decorate without express permission of the landlord. The defendant is also producing invoices and receipts for a freezer door he snapped off an expensive Smeg fridge, however the part he states he fitted (shown as broken in the check out report), is the wrong part number and model for my fridge. The list goes on. Another example is an invoice provided for cleaning the carpets and oven, but given the amount of much that was layered onto the bottom of the oven and the filthy carpets, all stated in the check out report, he never had this done and has submitted a false invoice for work that was never completed. The damage amounts to many thousands of pounds.

[Amethyst]

Oh goodness I feel for you.

What was your claim against the tenant for ? Costs over and above the deposit amount ? Rent arrears?

Did you file a defence to the counterclaim with or before filing the DQ?

[ostell]

This case perhaps?

[NOCAB]

Hi I filed the defence to counter claim and reply to defence with the DQ

my claim is over and above the deposit because of the amount of damage they caused. As for their hygiene standards considering they have children it’s really quite worrying. The oven was millimetres thick with grease and bits of food the washing machine had mold growing in it

disgusting, really not nice at all