Forcing disclosure of documents.

[ecalid]

Hello again.

Having been subject to a flurry of legal endeavours just lately I have become increasingly interested in civil law.

I see alot that claiments and their solicitors are very reluctant to issue documents to the defendant, especially those pertaining to the particulars of claim, which I can reasonably surmise is to ensure the handicap of the defendant.

On what grounds can we force them into disclosure of documents, for example the deeds of assignment?.

I get the idea that some form of arguement needs to be presented, such as a non conformative assignment ect.

But is there any CPR that encourages the disclosure of additional documentation prior to the fast track and comittal to court.

You will already know that I have a current claim that is currently stayed, this is more of a retrospective approach as I get the feeling a few more claims will be comming my way and I feel I should be prepared abit more than I was before the current claim.

Any advice would be great.

Thanks.

[Amethyst]

You want to be looking at Part 18 and Part 31.14 ( and other bits in Part 31 for disclosure. Then you can apply to court to enforce those requests with something like an Unless Order.

This would normally need to be done before submitting any defence in the case, particularly in small claims, as it needs to be done before allocation to track. Sometimes it can be applied for after defence if the claimant doesn't respond and the claim is stayed, then ask for disclosure of documents or that the claim be struck out ( abuse of process etc in bringing a claim without being ready - often where a claim is coming up to statute barred )

There is a bit of a guide to applying for an unless order on 31.14 ( documents mentioned in a statement of case ) http://legalbeagles.info/forums/foru...order-at-court

We don't use it a lot here as it does carry a costs risk if the application goes to a hearing and is denied.

[ecalid]

Ok, thank you. I agree, the general consensus does seem to be that prodding the sleeping bear could have consequences.

I see where you mentioned abuse of process, it's aggravating that these pirates can commit to a claim, especially under statement of truth (Part 16, Practice Direction) in acknowledgement of absent documentation.

Why oh why is this allowed?.

[Amethyst]

Underfunded system that's not fit for purpose ?

probably

Diana M will have some thoughts/tactics on obtaining the actual Deed of Assignment I expect, if that's specifically what you're after.

[ecalid]

I have Cabot Financial UK LTD hassling me at the minute who I know are unlicensed. So yes I suppose it would be nice to get a little pre-emptive insight into what route to take should they want to have a go.

Thank you.

[Diana M]

I see alot that claiments and their solicitors are very reluctant to issue documents to the defendant, especially those pertaining to the particulars of claim, which I can reasonably surmise is to ensure the handicap of the defendant.

The issue is not the non disclosure of documents, it’s whether a Litigant in Person would know what to argue in court even if the Claimant did disclose the Deeds.

Ditto other documentation produced.

Each case is different so there is no single answer to your question on which CPR to use to ‘force’ disclosure.

It can vary depending on which track the claim is allocated to e.g. in the Fast Track both parties have to disclose all documents/information in their possession even if it harms their own case. That doesn’t apply in the Small Claims Track.

Using Part 18 Questions is a skill. There would be no cost risks unless an Application is made to ask the court to make an Order for the Claimant (or Defendant) to comply with the questions asked.

If forcing disclosure was simple lawyers would become unnecessary

Di

[Diana M]

I have Cabot Financial UK LTD hassling me at the minute who I know are unlicensed. So yes I suppose it would be nice to get a little pre-emptive insight into what route to take should they want to have a go..

If you are served with a Summary Judgment Application by Restons Solicitors (who usually carry out their threats) then you should seek legal advice from a lawyer specialising in consumer credit.

Di