Originally posted by HB10
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ive completed the witness statement.... can you please let me know if this is fine.... thanks
(ignore the exhbit numbers)
1. I ----me----- of ---address---- being the Defendant, am a litigant in person in this case.
2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.
3. On 9th December 2013 I have sent to Claimant’s legal representative Hegarty LLP requesting, under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2)
4. The request was sent via Royal mail next day delivery (Exhibit 3) and it was delivered to the legal representative office in Peterborough on 10th December 2013. (Exhibit 4)
5. Having not had a reply, on 18th December 2013, I called and spoke to Ebony to check the status of my request (Exhibit 5).
6. Since there was no clarity given as to the requested documents and claim handler, I called again and spoke to Georgina for confirmation. This request was again passed to a senior manager for a call back (Exhibit 6).
7. Numerous calls have been made to Hegarty and IND in house solicitor Mr David Farmer to gain clarity on the requested documents. (Exhibit 7), (Exhibit 8), (Exhibit 9), (Exhibit 10), (Exhibit 11), (Exhibit 12), (Exhibit 13).
8. On 20th December 2013 the Claimant’s legal representative Hegarty LLP (Mr Matthew Sidebottom) agreed to extend the filing date till 6th January 2014 (Exhibit 14) as they had no clear idea on when they would have the requested documents.
9. Having had no reply I called Mr Matthew Sidebottom again on 24th December 2014 (Exhibit 15) and 2nd January 2014 (Exhibit 16), (Exhibit17) for clarification on the requested documents.
10. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for neither the delay nor a date given as to when I should be expecting to receive the relevant documents.
11. The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.
12. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”
13. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection, I will therefore unable to defend the claim brought against me by the Claimant.
14. Statement of Truth:
I, ____me_________, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed:
Dated:
(ignore the exhbit numbers)
1. I ----me----- of ---address---- being the Defendant, am a litigant in person in this case.
2. I make this Witness Statement in support of my application for an order (draft of which attached) that the Claimant do provide me with documents mentioned within the statement of case pursuant to CPR 31.14.
3. On 9th December 2013 I have sent to Claimant’s legal representative Hegarty LLP requesting, under CPR 31.14, all documents mentioned in the particulars of claim (Exhibit 2)
4. The request was sent via Royal mail next day delivery (Exhibit 3) and it was delivered to the legal representative office in Peterborough on 10th December 2013. (Exhibit 4)
5. Having not had a reply, on 18th December 2013, I called and spoke to Ebony to check the status of my request (Exhibit 5).
6. Since there was no clarity given as to the requested documents and claim handler, I called again and spoke to Georgina for confirmation. This request was again passed to a senior manager for a call back (Exhibit 6).
7. Numerous calls have been made to Hegarty and IND in house solicitor Mr David Farmer to gain clarity on the requested documents. (Exhibit 7), (Exhibit 8), (Exhibit 9), (Exhibit 10), (Exhibit 11), (Exhibit 12), (Exhibit 13).
8. On 20th December 2013 the Claimant’s legal representative Hegarty LLP (Mr Matthew Sidebottom) agreed to extend the filing date till 6th January 2014 (Exhibit 14) as they had no clear idea on when they would have the requested documents.
9. Having had no reply I called Mr Matthew Sidebottom again on 24th December 2014 (Exhibit 15) and 2nd January 2014 (Exhibit 16), (Exhibit17) for clarification on the requested documents.
10. Till this day, the Claimant and their legal representative have so far ignored this request and no communication as regards to the reason for neither the delay nor a date given as to when I should be expecting to receive the relevant documents.
11. The Claimant and their representative have shown clear disregard of CPR31.15 which clearly stated that;
Where a party has a right to inspect a document –
(a) that party must give the party who disclosed the document written notice of his wish to inspect it;
(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and
(c) that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.
12. I also refer to the ruling of Rix LJ in Expandable v Rubin [2008] EWCA Civ 59 (at paragraph 24)
“The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection.”
13. Suffice to say that without the availability of relevant documents as stated in the particulars of claim for my inspection, I will therefore unable to defend the claim brought against me by the Claimant.
14. Statement of Truth:
I, ____me_________, the Defendant, believe the facts stated within this Witness Statement to be true.
Signed:
Dated:
13 needs deleted imo.
M1
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