Tweet
Re: Disclosure Failure By Defendant what do I need to do please
On the second page of that Order at 5(a) there's reference to you sending a Schedule of Loss "updated" with supporting evidence to the Defendant by 4 pm 2nd March. Does this mean you've already filed/serve one and if so what is the loss based on?
Is there a counterclaim?
You've not said what the claim is for and/or whether the Defendant is a business or an individual. It would also help to know what the Defendant has said in their Defence to your Claim and whether you filed/served a Reply to the Defence.
This makes it difficult to comment on how you should deal with the List of Disclosure and whether you need to request copies of the documents on the Defendant's list.
It seems that at first sight you're not interested in anything on their list perhaps because you've already seen it, but there is always the possibility that a document has been 'updated' by the other party such as an invoice sent by you marked "paid" when received by them. Or a letter you sent having something scribbled on it by the recipient which helps you and damages them.
But as importantly you need to assess whether anything (documents, photographs, videos, texts, voicemail or telephone recordings etc) which you believe would/should be in their possession have not been disclosed.
Have you considered whether Part 18 Questions would help you?
In a recent case which we dealt with the Defendant pleaded that 'something' had been sent to the Claimant. The Claimant sent Part 18 Questions asking them to confirm when it was sent and how (1st or 2nd Class) etc. since they hadn't received it. They (Defendant) were ordered by the court to answer the questions.
So are there any questions you need to ask for clarity and if so this is how to do that > https://www.justice.gov.uk/courts/pr...rt18/pd_part18
Just some thoughts before you decide to tell the Defendant that you don't want them to disclose any of the documents on their list.
Di
Originally posted by Helpmeout
View Post
Is there a counterclaim?
You've not said what the claim is for and/or whether the Defendant is a business or an individual. It would also help to know what the Defendant has said in their Defence to your Claim and whether you filed/served a Reply to the Defence.
This makes it difficult to comment on how you should deal with the List of Disclosure and whether you need to request copies of the documents on the Defendant's list.
It seems that at first sight you're not interested in anything on their list perhaps because you've already seen it, but there is always the possibility that a document has been 'updated' by the other party such as an invoice sent by you marked "paid" when received by them. Or a letter you sent having something scribbled on it by the recipient which helps you and damages them.
But as importantly you need to assess whether anything (documents, photographs, videos, texts, voicemail or telephone recordings etc) which you believe would/should be in their possession have not been disclosed.
Have you considered whether Part 18 Questions would help you?
In a recent case which we dealt with the Defendant pleaded that 'something' had been sent to the Claimant. The Claimant sent Part 18 Questions asking them to confirm when it was sent and how (1st or 2nd Class) etc. since they hadn't received it. They (Defendant) were ordered by the court to answer the questions.
So are there any questions you need to ask for clarity and if so this is how to do that > https://www.justice.gov.uk/courts/pr...rt18/pd_part18
Just some thoughts before you decide to tell the Defendant that you don't want them to disclose any of the documents on their list.
Di
Comment