Fast Track - Standard Disclosure of Documents

[Debbie1608]

I have just received Notice of Allocation to Fast Track for a hearing to be listed in March 2025. I now have a deadline of 30th December to issue Standard Disclosure of Documents. Can someone perhaps guide me on this please.

(1) Do I complete Form N265?
(2) I feel that the sections "I did not search" are not applicable as I have all the documents I need
(3) I am happy to provide any documents for inspection if requested. However, I do anticipate that some of them may be objected to as they show the defendant's financial borrowing from other third parties which i have referenced in my witness statement to show the full extent of his borrowing and the fact that he failed to disclose this to me when borrowing monies from myself.

(4) The section "I have control of the documents numbered and listed here ..." is too small for the documents to be listed. Do I therefore continue on a separate page? If so, is there a specific format needed?

Thanks in advance

[atticus]

Q1. Yes, that is the form.

Q2. If so, write N/A.

Q3. Disclosure is to the Defendant and the court. Why should the defendant object to being able to inspect these documents?

Q4. Continue on a separate sheet. Make it clear at the top of that sheet that it is a continuation page for that section.

[Debbie1608]

Thank you so much for your response, very helpful.

To clarify re Q3, I have documents in my possession, given to me by the Defendant. I intend to produce these as part of my case and have no objection to disclosing them at all. However, I do feel that due to the contents of the documents, the Defendant may object to them being disclosed at all as they highlight his extensive borrowing. The Defendant is legally represented.

[atticus]

In that case, he will object, and should give his reasons.

[Debbie1608]

Noted, thank you

[Debbie1608]

Apologies for creating a separate thread - new to this



I am representing myself as Claimant, the Defendant is legally represented. Can someone please guide me in relation to putting together details for "Value of Claim" as not sure exactly what to put in? It relates to monies loaned to a friend, so do I itemise as follows:

(1) Outstanding Balance as at (date) £X
(2) Additional Costs eg postage, tracing agency fees
(3) Court costs
(4) Printing Costs - not sure how I would calculate this, is it per page @ Xp What if some documents have been sent electronically?
(5) How do I calculate my time spent searching for documents, compiling bundles of documents, court documents, witness statement/exhibits etc
(6) Interest - do I have to calculate this? If so, what of the above fees do I include that would attract interest ie all costs or just outstanding balance?
(7) Is there a specific format to use?

Thanks in advance

[ULA]

Thank you

[Debbie1608]

Advice please:

The majority of the documents upon which I will rely are included in the Exhibit to my Witness Statement. When I am compiling my Standard List of Documents for disclosure do I

(a) need to itemise them as a sub section to the "Exhibit" as below


1 Claim Form
2 Particulars of Claim
3 Court Orders
4 Witness Statement of Claimant
5 Exhibit to Witness Statement
a) Letter C/D [date]
b) Invoice C/D/ [date]

or

Just include them in the main List

1 Claim Form
2 Particulars of Claim
3 Court Orders
4 Witness Statement of Claimant
5 Exhibit to Witness Statement
6 Letter C/D [date]
7 Invoice C/D [date]

(b) do I send a copy of the List to the Defendant's solicitors and Court?

(c) Which Court documents do I need to include in the List/Bundle? eg Notice of Allocation, Directions Questionnaires,

Thanks in advance

[Debbie1608]

Standard Disclosure

I have served my List of Documents on the Defendant's solicitors and Court today (deadline as per Court Order is 4pm today). I have received an "out of office" from the Defendant's solicitors advising that she is not back until 2nd January 2025. The number they provided is an answering machine advising that the office is closed until 2nd January 2025.

Can anyone advise what happens in this scenario? I have updated the Court accordingly as a matter of courtesy. Will the deadline be extended? Will the Defendant's "defence" be struck out?

Thanks in advance

Happy New Year too

[atticus]

What does the order for disclosure say? Striking out is unlikely.

[Debbie1608]

What does the order for disclosure say? Striking out is unlikely.

"Each party shall give standard disclosure of documents by lists. Lists shall be delivered by 4:00pm on 30 December 2024"

It then goes on to give dates by which

(a) inspection/copies can be requested/provided
(b) service of witness statements
(c) Failure to pay hearing fee will result in claim being struck out

It further states:

"This Order has been made in the absence of both parties: any party affected by it may apply within 7 days of service of this Order for it to be varied or set aside"

Thank you again for your help, very much appreciated

[Pezza54]

Please read Practice Direction 28
In particular Section 5 "Failure to comply with case management directions"
Also 6.5(2) Court directions when one party fails to provide a pre-trial checklist

In post 8 you mentioned a "bundle"
Directions for the preparation of trial bundles are covered in 7.2 (2)(c)
You could seek the court's direction for the preparation of a trial bundle

If you decide to do this and the court agrees to a trial bundle, there is information available on the internet about who prepares the trial bundle, its contents and agreement between parties, and how it is presented