Sanctions for unreasonable behavior

[Thomas_P]

Hi all

Just wondering what sanctions may be imposed on a party for failing to disclose a document, under ongoing duty to disclose, until it was requested? *Also, any sanctions for abusing the CPR by doing something that the rules do not permit?

Thanks

[pt2537]

Small claims ? or Fast Track?

[Mary Jones 2]

i have the same problem - received court forms today, they havent followed pre- action protocol or replied to my document requests or provided statement with LBA showing what they are claimin, i wrote them a letter highlighting 6 non compliance issues, recorded delivery .
so i would like to know the answer- as willing to defend and claim not to be liable for any costs and interest asper CPR 44.3(5), they havent even answered formal complaint

how will there behaviour be treated in court- can i avoid their court costs and legal costs if they win

[pt2537]

i have the same problem - received court forms today, they havent followed pre- action protocol or replied to my document requests or provided statement with LBA showing what they are claimin, i wrote them a letter highlighting 6 non compliance issues, recorded delivery .
so i would like to know the answer- as willing to defend and claim not to be liable for any costs and interest asper CPR 44.3(5), they havent even answered formal complaint

how will there behaviour be treated in court- can i avoid their court costs and legal costs if they win

is your case fast track or small claims? Is it over £10k or under?

[Mary Jones 2]

over 10k - dont know what track it will go to as £28500 approx , but a simple case -*

[pt2537]

ok well the value element was key as the Court generally uses this to decide which track to allocate the claim to. Small claims have costs restrictions, unless you fall within CPR 27.14(2)(g)

On the more broader point, the failure to serve a letter of claim really is a costs point, you could apply to stay the claim until the Claimant complies with their pre action duties.or you can just crack on with the case, especially if you know what the case is about, and take the point after trial when costs get determined, its your call really

[Mary Jones 2]

how can i stay the claim , until there pre action duties are done ? is it not better to be let it crack on but know you wont have to pay their costs if they win? because really if it takes 30-50 weeks or longer currently to get to court , i can save up the original amount just in case or make a part 36 offer if i feel things arent strong my side.

[Thomas_P]

Hi*PT2537

Yes, just realised forgot to say what track... The case has been allocated to multi-track.

Thanks

[pt2537]

Hi all

Just wondering what sanctions may be imposed on a party for failing to disclose a document, under ongoing duty to disclose, until it was requested? Also, any sanctions for abusing the CPR by doing something that the rules do not permit?

Thanks

Hi Thomas

Ok well the CPR deals generally with the failure to disclose http://www.justice.gov.uk/courts/pro...s/part31#31.21

Now the ongoing duty of disclosure is dealt with here http://www.justice.gov.uk/courts/pro...s/part31#31.11

I think you could argue that the failure under 31.11 causes 31.21 to bite. Ultimately it is a matter for the Court to decide

[Thomas_P]

Hi PT2537

Thanks for your reply.

Yes, I have looked at CPR31, but the problem is that I became aware of the document and brought to their attention the fact that they had not disclosed it, as I believe they were trying to hold it back...perhaps as their 'ace card'. *So, they have now disclosed it. Is there no sanction for late disclosure of a document that had come into their possession?

Also, they have abused the CPR by doing something that the rules do not permit. *I am concerned about how they are conducting their case and their underhand tactics...is there anything I can do about this?

Thanks

[Thomas_P]

Hi

Just wondering if anybody has the answers to my queries above?

All assistance is very much appreciated.

Many thanks