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Disclosure Questions

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  • Disclosure Questions

    Hello

    I am currently involved in a civil dispute case that’s been going on for a number or years. As I can’t afford the hundreds of thousands of pounds in legal fees regrettably, I am having to fight the case alone.
    I am currently at the stage of disclosure and have provide a list of documents to the opposite side and they have done the same. They have written back saying that they believe documents are missing and that they have put me on notice and that they will contact the court and request specific disclosure if I don’t get it right within the next few days. I don’t see how they can come to that conclusion as they also listed a list of documents that they would have expected to see listed. What they have listed is within my disclosure documents and they are jumping to conclusions without seeing what I have in hard evidence and just making a conclusion from the list. I have listed some sections as a bundle of documents but its clear on the list what this bundle consists of.
    I have a few questions that may be someone can help with.

    1. At this stage of disclosure would all documents in their list be the final list of documents or could they have deliberately missed out documents and bring them forward closer to the court date. As I know disclosure goes on until the trial date is over. As even themselves seem to be missing evidence that should be referred to from the particulars of claim.

    2. They claim that we took some data and they are asking for us to disclose our customer database to them. Is this something that we must do, and would it be granted in specific disclosure should it come to it? They are also asking us to confirm which customers moved from them to us. Again, does this have to be disclosed.

    Would specific disclosure be a possibility even though we believe we have disclosed what they have asked for but without requesting our documents they have just assumed things are missing. Would it cost for them to make the application and how likely would this be granted?
    It seems to me that they seem to be playing games and trying to scare us into providing evidence to them that they may not have.

    Any advice would be gratefully appreciated.

    Tags: None

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