Can we refuse a CPR 31 inspection request?

[Jim27]

Hi folks

I'm trying to help a friend who's being dragged through the court by a previous employer who's trying to get money out of him (spuriously, but I guess that's irrelevant at the mo).

The Court issued an order setting a deadline for standard disclose by list by 4pm last Thursday. Both the other guy's solicitor and we complied with that deadline (other guy has solicitor, my friend can't afford one).

The same Order that set the deadline for standard disclosure also stated "Inspection of documents by 4pm on the 23rd August 2012".

We sent an email to the other side's solicitor yesterday early afternoon (before the Request deadline) requesting inspection of some documents they'd disclosed, and sent a copy to the court. The other guy's solicitor didn't make any Request for inspection. They've just sent a request today, asking for inspection of some of my friends disclosed documents.

This is typical of the solicitor's behaviour to date. He's ignored deadlines, denied having received letters/emails and alleged sending stuff that has never existed. The court has already commented negatively that it's unacceptable that a professional law firm is seeking to rely on overly convenient and multitudinous "admin errors/failings" to excuse unacceptable behaviour to date.

Given that their Request for inspection of documents wasn't made by the deadline set by the court are we now entitled to refuse the request? Really don't want to get on the wrong side of the court by refusing it if we shouldn't but similarly want to play hardball with this a***hole of a solicitor and not give him anything we don't have to...

Any comments/advice much appreciated!

[EXC]

Re: Can we refuse a CPR 31 inspection request?

You could do worse than ask the court staff.

[Celestine]

Re: Can we refuse a CPR 31 inspection request?

I experienced a similar scenario against Lloyds TSB. It's probably not actually worth refusing disclosure, but instead release the copy documents alongside a strongly worded letter that shall form part of your friends 'trial bundle', (quote the interim hearing Judges previous comments on their conduct) so the trial Judge will be well aware that the poor conduct has continued.

[Jim27]

Re: Can we refuse a CPR 31 inspection request?

The court staff may as well have "Sorry we can't give legal advice" stamped on their forehead. When we were making the standard disclosure by list I called and asked what form we make the disclosure with. "Sorry we can't give legal advice". Repeat ad nausiam...

[Celestine]

Re: Can we refuse a CPR 31 inspection request?

The court staff may as well have "Sorry we can't give legal advice" stamped on their forehead. When we were making the standard disclosure by list I called and asked what form we make the disclosure with. "Sorry we can't give legal advice". Repeat ad nausiam...

I believe it is actually a condition of employment for a court that you must have tattooed somewhere on your person the words..."we cannot give legal advice" :tung:

[Jim27]

Re: Can we refuse a CPR 31 inspection request?

Thanks Celestine. That sounds like a good resolution. Annoying that we're trying to engage honestly and fairly and they're just abusing the process and get away with it time after time

[Celestine]

Re: Can we refuse a CPR 31 inspection request?

Well if it's any consolation, the Court should treat your friend with due consideration for his Litigant in Person Status.

This is a quote from The Law Society's guidelines for solicitors encountering LIPs.
http://www.lawsociety.org.uk/productsandservices/practicenotes/litigantsinperson/5059.article

3 Your approach and the SRA Code

Amendments to the Handbook since the introduction of OFR in October 2011 do not impact upon your duties to clients and LiPs. Your duties to act in the best interests of your client, and to the court (seesection 4), remain paramount. However, the SRA Code refers to other specific considerations relevant to your dealings with LiPs.
IB 11.7 states that you should not take 'unfair advantage' of an opposing party's lack of legal knowledge where they have not instructed a solicitor. Further, IB 11.9 states that you should not use your professional status or qualification to take 'unfair advantage' of another individual in order to advance your client's interests.
3.1 Taking 'unfair advantage'

Taking 'unfair advantage' refers to behaviour that any reasonable solicitor would regard as wrong and improper. That might include:

• bullying and unjustifiable threats;
• misleading or deceitful behaviour;
• claiming what cannot be properly claimed;
• demanding what cannot properly be demanded.

Such conduct is likely to be penalised if identified by a judge or upon complaint.
Conversely, knowing and using law and procedure effectively against your opponent because you have the skills to do so, whether that be as against a qualified representative or an unrepresented LiP, would not in itself be deemed to be either taking 'unfair advantage' or a breach of the SRA Code.
You should be mindful in this context that correspondence and telephone calls from some LiPs may be emotive, repetitive, and potentially hostile. Responses should be relevant, measured and calm; 'tit-for-tat' tactics should be avoided, and you should behave in a manner of which the court would approve. This includes treating LiPs with courtesy and in a way that any ordinary person would regard as fair and reasonable.
Top of page