Directions Fast Track Claim - Compliance

[yellowplum]

I as the Claimant received back in July an order from the Judge with directions (which I would assume the Defendant also received). The order had three main points on it, 1. That Disclosure by List was done by the 4pm 15 August 2012, 2. That any request was received by the other side by the 4pm 29 August 2012. 3. That all parties attempt mediation, that any request made by a party must if declining mediation be received within 21 days of that request.

I filed my disclosure by 15 August 2012, the Defendant hasn't, I requested mediation on the 6 August 2012 the Defendant hasn't responded.

I wrote to the Defendant requesting that they file the disclosure within 7 days, they failed to do that.

Today, at 5:35pm I received a telephone call with a request to email me a letter, I received that request which confirmed that they wanted to see all my documents that I listed on the disclosure list.

So my question is what recommendations or comments does anyone have with this total disregard for CPR and the Judges Orders.

[Nikolai]

Re: Directions Fast Track Claim - Compliance

You could issue an application on Form N244 that the Defendant shall comply with the previous Order within 7 days; or even that the Defendant's case be struck out for failure to comply with the Order of (whatever date it was in July) and that Judgement be entered for you forthwith. Also apply for the costs of the application.
You'll need to pay a court fee to issue this application, about £80 I think, and be prepared to attend a hearing before the District Judge. You have to give a time estimate for such a hearing on the N244 - 15minutes should be plenty. You also need to give your reasons on the form - well pretty obvious really - they are late filing, have failed to comply, it's disrespect to the court etc.
The point is the court won't do anything about the Defendant's failures at this stage of the case unless you bring it to the court's attention by making an application. In my experience judges don't take kindly to people who ignore their orders. You may not succeed in getting the Defendant's case thrown out, but at the least the judge should order them to comply with disclosure etc on a very strict timetable, and should order them to pay your costs of making the application.
You will also rattle the hell out of the Defendant by hauling him into court which he probably won't anticipate. It's a sound tactical move, and shows both judge and opponent that you're not going to be messed around.

[yellowplum]

Re: Directions Fast Track Claim - Compliance

Thanks for the reply, I was thinking about an application - but also writing to the court, should it make much of a difference if I just wrote a letter advising of this?

One other point for clarity - yesterday evening I received an email with a letter telling me they are endeavouring to provide me with disclosure but they have lots of documents to go through (strange they have had a 2 months already to go through things, and I thought disclosure was ongoing - also completely missed out any part with regards to mediation and responding on that issue).

On the letter they also asked 'can you please provide all the items on your disclosure list'. I just wanted to clarify how you have to provide them, I read that you can make them available for them to come and see them. Not sure about copying them and sending them? Is this just something you do? Do you make a note of the amount and include it in the 'bill'?

How does that part work?

Thanks again

[CYNthesys]

Re: Directions Fast Track Claim - Compliance

you are allowed to charge them (it used to be around 15p) per copy, whether or not they will actually pay you is a different matter

[Nikolai]

Re: Directions Fast Track Claim - Compliance

The court won't usually make an order based on a letter in such circumstances, as the judge needs to hear both sides. Yes you are permitted to charge for copying - get them to agree the total amount in writing before you send them anything. Ask the court what the amount per page is that you can charge.
Don't delay on this - make a decision now whether you're going to make an application or whether you're going to wait/write letters etc. If you're applying then go for it right now before they have any more time to sort themselves out. They've played into your hands by telling you they have problems with disclosure. You've managed to comply, why haven't they? The judge will take the same view.

[yellowplum]

Re: Directions Fast Track Claim - Compliance

I have faxed a letter over and called the court, they said they would give it to the DJ and should have a reply by tomorrow on those issues.

I will see what happens from that, I am mindful of your comments that N244 application might have been better suited. With reference to the cost, I will ask what the court charges per page.

They have also written to me asking if I will allow them to amend their particulars of claim, without making an application. I thought regardless of whether I agreed or not I thought they had to make an application either way to amend as they require the permission of the court to do so.

[yellowplum]

Re: Directions Fast Track Claim - Compliance

Update - I received a response by the DJ, she gave an and/or notice to the Defendant that they should file the documents by Monday. They emailed them to me yesterday, but I emailed back advising I do not accept service by email and also informed them that there where pages missing from the bundle.

I also telephoned them to advise of the same, they told me they had put them in the post and that nothing was missing.

Today I received the bundle, all I received was a letter (which was a little derogatory), a copy of the N265 which someone else had signed at the company rather than the solicitors and an attachment which is supposed to be a list of documents.

However, the problem still is the same that pages are missing, no statement of truth is provided on the attachments. So in essence I believe it is not served correctly.

Just wanted to know where I stand with this and if it is worth requesting judgement?