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Hi,
I am bringing a claim. The other side are represented. The CCMC was ordered that the Claimant (me) file the CCMC bundle and the Defendant (them) had to help me do it. The order also said "if you don't follow the instructions in this order then your case is likely to be struck out". Then the CCMC was cancelled ("vacated"). Anyway, so few months later the CCMC was ordered again. And that order said, "you should follow the instructions in the first order" - ie the Claimant (me) has to file the bundle.
Instead the other side were insisting that they filed the Bundle with all of their bias case summary (where I tried extremely hard to be independent), chronology etc, including false statements from them and things that didn't happen. I refused and made an application to court asking the court to please tell them to obey the order that I (the claimant) must file the bundle.
Basically, my application was dismissed - with costs - as basically, "everyone knows that the represented party does the bundle". Ie, everyone in the legal world knows that. This is despite the CPR saying the Claimant files things (unless otherwise instructed by the Court, which they didn't). I was told that "maybe the court didn't realise I was a litigant in person" and I said, well I did tell them well before the first order, but they absolutely knew by the time the second order came round (to comply with the first order). But that didn't matter as "everyone knows the represented party does the bundle".
My question is, that this seems incredibly unfair when all I have done is follow a court order? Do you agree? If you do agree what can I do about it, appeal?
If you don't agree then what on earth can I do to make sure I know the "ways of the legal profession" that lie outside of the CPR?
Thank you so much, all help gratefully received.
I am bringing a claim. The other side are represented. The CCMC was ordered that the Claimant (me) file the CCMC bundle and the Defendant (them) had to help me do it. The order also said "if you don't follow the instructions in this order then your case is likely to be struck out". Then the CCMC was cancelled ("vacated"). Anyway, so few months later the CCMC was ordered again. And that order said, "you should follow the instructions in the first order" - ie the Claimant (me) has to file the bundle.
Instead the other side were insisting that they filed the Bundle with all of their bias case summary (where I tried extremely hard to be independent), chronology etc, including false statements from them and things that didn't happen. I refused and made an application to court asking the court to please tell them to obey the order that I (the claimant) must file the bundle.
Basically, my application was dismissed - with costs - as basically, "everyone knows that the represented party does the bundle". Ie, everyone in the legal world knows that. This is despite the CPR saying the Claimant files things (unless otherwise instructed by the Court, which they didn't). I was told that "maybe the court didn't realise I was a litigant in person" and I said, well I did tell them well before the first order, but they absolutely knew by the time the second order came round (to comply with the first order). But that didn't matter as "everyone knows the represented party does the bundle".
My question is, that this seems incredibly unfair when all I have done is follow a court order? Do you agree? If you do agree what can I do about it, appeal?
If you don't agree then what on earth can I do to make sure I know the "ways of the legal profession" that lie outside of the CPR?
Thank you so much, all help gratefully received.
