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Hi CPR Section 36 - disclosure

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  • Hi CPR Section 36 - disclosure

    Please can someone tell me how to ask the Court to use section 36 of the CPR rules for full disclosure. My ex is relying on a spreadsheet which is wrong. The spreadsheet has been built from his bank accounts and Ive asked for them / for him to undergo forensic accounting with me and he won't. Can I ask the court to order disclosure? Can I do it on an N244 form or something like that? Many thanks.
    Tags: None

  • #2
    Part 36 is not about disclosure, its about settlement
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Ok so in that case how do I get the bank statements disclosed? There must be a way. Otherwise anyone can walk in to court and demand millions when the other side don't owe it? The ex has already admitted there are errors of arithmetic and they've duplicated 107 lines in the spreadsheet they are relying on. I don't know why this isn't a red flag to anyone that disclosure of the bank statements needs to happen so someone independent can work it out? Thanks

      Comment


      • #4
        Originally posted by badger123 View Post
        Ok so in that case how do I get the bank statements disclosed? There must be a way. Otherwise anyone can walk in to court and demand millions when the other side don't owe it? The ex has already admitted there are errors of arithmetic and they've duplicated 107 lines in the spreadsheet they are relying on. I don't know why this isn't a red flag to anyone that disclosure of the bank statements needs to happen so someone independent can work it out? Thanks
        It seems you are not au fait with the terminology in proceedings. The document has most likely already been disclosed, if it has been mentioned in a claim form or witness statement it has been disclosed. What you are seeking is inspection.

        You may have the right to inspect a disclosed document, this right is under CPR Rule 31. depending on what has happened in the proceedings you may have the right to inspect the statements under CPR 31.14 but its difficult to tell without knowing more about the case.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment

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