Content of the Particulars of Claim

[Pezza54]

If the claimant requests a document from the defendant in the pre action letter and the defendant fails to provide it, should the claim particulars include reference to the pre action letter and the defendant's failure to provide the document?
Thanks for any advice.

[atticus]

This is not necessary. You are setting out what you are claiming and why.

[Pezza54]

Thanks Atticus

What if the document would help prove the claimant's case? If the judge thought it was a crucial document would he or she ask the defendant to provide it?

[atticus]

The parties are required to disclose documents at a later stage in the preparation of the case, before it gets to trial by a judge.

[Pezza54]

Thanks Atticus
Is that the procedure in the small claims track? If so, how does the court know which document or documents should be disclosed?

[atticus]

You would do well to read up on the process: https://www.judiciary.uk/guidance-an...nts-in-person/