CPR 31.14 and CPR 18

[Linus]

Hi

I have been doing some reading and am curious

I have read that CPR 31.14 and CPR 18 requests are not valid in the small claims track

I have tried to read part 27 of the civil procedure rules and it seems to confirm this

So my question is
If you ask for documents and the claimant refuse or are unable to supply them, for example the default notice , can they be forced by a judge to produce them and if so is there a formal method for forcing such disclosure

I also have read that in the fast track this is done via a form that costs rather a lot of money , would this still be the same if they can be forced.

Maybe @charitynjw @Diana M [MENTION=55034]nemesis45[/MENTION] could help

[nemesis45]

Re: CPR 31.14 and CPR 18

Hi

I have been doing some reading and am curious

I have read that CPR 31.14 and CPR 18 requests are not valid in the small claims track

I have tried to read part 27 of the civil procedure rules and it seems to confirm this

So my question is
If you ask for documents and the claimant refuse or are unable to supply them, for example the default notice , can they be forced by a judge to produce them and if so is there a formal method for forcing such disclosure

I also have read that in the fast track this is done via a form that costs rather a lot of money , would this still be the same if they can be forced.

Maybe @charitynjw @Diana M @nemesis45 could help

When a claim is issued it is not already allocated to any track, so CPR31.14 applies until the allocation to the SCT, the process if one wanted to press the request to apply for an

" Unless Order" (fee payable) asking a judge to compel disclosure of the documents the cost however is often prohibitive on a small claim.

nem

[Linus]

Re: CPR 31.14 and CPR 18

Thanks
I guess it would have to be timed quite carefully so that the unless order was done before allocation to the small claim track.

Is the fee £255? I can see why it might be prohibitive on a claim for just a few hundred pounds but maybe important if the claim is several thousand.

Well that is a question answered

I noticed on another site that they say send part 18 requests because 31.14 does not apply but i see 27(2.1)(f) says part 18 does not apply either.

[time2burn]

Re: CPR 31.14 and CPR 18

Thanks
I guess it would have to be timed quite carefully so that the unless order was done before allocation to the small claim track.

Is the fee £255? I can see why it might be prohibitive on a claim for just a few hundred pounds but maybe important if the claim is several thousand.

Well that is a question answered

I noticed on another site that they say send part 18 requests because 31.14 does not apply but i see 27(2.1)(f) says part 18 does not apply either.

Hi
the cost for an application is only £100 not £255 IF you tick box 'without a hearing' which is basically what you want
remember if you do this application with an "Unless order" (which we have done twice- with Lowells and Restons/Arrow) then you can ask for the costs of application back from claimant (make this part of the order)

hope that helps

[Amethyst]

Re: CPR 31.14 and CPR 18

I noticed on another site that they say send part 18 requests because 31.14 does not apply but i see 27(2.1)(f) says part 18 does not apply either.

GOODF per chance?

Both will apply before the case is allocated (although it is still arguable) - hence the unless order app should be done before submitting any defence if the claim is likely to go into small claims ( ie under £10k and not complex )

Part 18 is for further info ( ie. questions you want answering ) CPR 31.14 is for documents mentioned in statement of case.

[nemesis45]

Re: CPR 31.14 and CPR 18

Thanks
I guess it would have to be timed quite carefully so that the unless order was done before allocation to the small claim track.

Is the fee £255? I can see why it might be prohibitive on a claim for just a few hundred pounds but maybe important if the claim is several thousand.

Well that is a question answered

I noticed on another site that they say send part 18 requests because 31.14 does not apply but i see 27(2.1)(f) says part 18 does not apply either.

Yes and Yes to your two questions above.

nem

[Linus]

Re: CPR 31.14 and CPR 18

GOODF per chance?

Both will apply before the case is allocated (although it is still arguable) - hence the unless order app should be done before submitting any defence if the claim is likely to go into small claims ( ie under £10k and not complex )

Part 18 is for further info ( ie. questions you want answering ) CPR 31.14 is for documents mentioned in statement of case.

Hi if GOODF is get out of debt free, yes that is where I saw that, there only seem to be two people on there that have any skills whatsoever even if they recommend using part 18 and not 31.14