Fast Track - Standard Disclosure of Documents

[Debbie1608]

I've informed Court of each stage of non compliance including failure to exchange Witness Statement. I can't see that the Defendant will show up.

[Pezza54]

Unfortunately you should still attend and present your claim and witness statement to the judge
You need court judgement in your favour to pursue any money award

[Debbie1608]

Part 36 Offer - potentially unsigned

I have just checked my copy Part 36 and I haven't signed it. I honestly can't remember if I signed the version that was sent to the Defendant. Is this still valid?

[atticus]

As you will have seen, Part 36 of the CPR does not contain a requirement for signature. Did you serve the form in a manner that made it clear that you were intending to make a Part 36 Offer. You may be safe, but if in doubt, sign and re-serve.

[Debbie1608]

Yes, I completed the form and sent it with covering letter stating it was Part 36 and also put provision relating to accrual interest. Letter was signed

[Debbie1608]

Urgent guidance please:

The Defendant has now instructed a new solicitor 3 weeks prior to trial date and 2 weeks prior to expiry of "relevant period" of Part 36 offer.

(1) They have advised that they are willing to accept service of proceedings via post and provided postal address, despite presumably being aware that previous solicitors dealt via email.

(2) I have received an automated response stating "we will deal with e-mail correspondence in the same way as postal and fax correspondence, prioritising matters according to the stage your particular transaction has reached and the corresponding degree of urgency deemed by us as required" - it also states "please do not reply to this email - it is an automated response"

(3) The Defendant has failed to comply with Court Orders, adhered to CPR rules, ignored letters and emails since December 2024/January 2025

(4) I have still not received his List of Documents, Witness Statement or agreement/objection to trial bundle

(5) Defendant and previous solicitors in receipt of List of Documents. Defendant in receipt of Witness Statement and Part 36 Offer

(5) I have prepared my trial bundle in readiness (with the exception of printing) and now envisage:

* New Solicitor amending his original Defence
* New Solicitor seeking extension for consideration of the matter
* My having to re-paginate/update trial bundle (I'm a little stuck without their Witness Statement/Exhibits)
* Part 36 offer potentially prejudiced as expiry date is 21/03/25 with hearing date the following week.

What are my options to protect my position?

(a) File application (without notice to new solicitor) for an "Unless Order" compelling Defendant to

** comply with original Court Order within 7 days (is this sufficient time for the new solicitor given impending hearing date and my having to prepare trial bundle and serve by 20th March?)
** seek valid reason as to why Defendant failed to comply
** Court to impose sanctions for non compliance (do I need to specify what sanctions or can I refer to CPR ? rules)
** Court to strike out Defence
** Issue default Judgment

I am not sure if the new solicitor has contacted the Court requesting an extension as I have not received notification to this effect.

Will I be wasting my money on an "Unless Order" application if an extension could possible be granted to the new solicitor

I am conscious of the impending deadlines and the amount of work needed to prepared trial bundle in triplicate

Thank you so much in advance

[Pezza54]

Are you keeping a detailed record of all the tasks in connection with your claim and times you have taken to complete these tasks?
If your claim is successful you should be able to claim for your time spent on the case at £19/hour

IMO you should wait to see what the defendant's new solicitor does and respond accordingly

On the fast track the contents of the trial bundle is meant to be agreed between the parties. You could write to the solicitor with your proposals for the trial bundle

[Debbie1608]

Yes, I have been keeping a record. How do I value Letters In/Out (ie x amount for short letter, x amount for long letter) I've applied the £19 per hour on time spent in drafting/preparation etc but need to factor in letters in/out) I've kept a chronology so quite easy to go through.

[Pezza54]

IMO you should just use your time to draft the letter. Some letters can be long but straight forward, whilst some short letters may require research

[Debbie1608]

I am writing to the Defendant's new solicitors seeking immediate disclosure of their client's List of Documents, Witness Statement and pointing out non compliance. I've emphasised the need for service of proceedings to be accepted via email given the imminent hearing date etc etc.

How much time do I give the new solicitor to respond. I have to file my trial bundle (still not received their documents, agreed it etc) by 20th March. So if I give them 7 days from today (it is now having to be hand delivered to prevent any further delay due to post) that gives me 1 week to prepare/collate/paginate/print and serve the trial bundle. At the moment, it's 1 x Lever Arch File (until I receive the Defendant's documents, I have no idea if it will require another file).

Which form do I use if I wish to make an application to the Court to compel the defendant to comply, impose sanctions, strike out - is it N244 with supporting evidence of non compliance? I want to prepare it in readiness should I not hear back from his solicitors imminently.

Thanks so much for all the help on here - it is very much appreciated and has helped me tremendously.

[Debbie1608]

Just a thought, at each stage of non compliance I've notified the Court by email and sought further directions. I've not received any response. Wondering if (a) due to backlog or more importantly (b) I've asked for Directions via email and not used the appropriate form (N244?). Bit confusing as I have another case in the Smalls Claims Track which do act on email instructions.

[Pezza54]

If the defendant has passed the deadline for filing and serving documents including their witness statement, the court will be aware and should impose sanctions such as the defendant not being allowed to present their witness statement and evidence at the trial.
I suspect the new solicitor will attempt to delay proceedings and may ask for your consent to this. The solicitor has got to ack quick with the trial in only 3 weeks time

[Debbie1608]

Thank you - I will still hand deliver my letter so my concerns are registered with the new solicitor.

[atticus]

If you are asking the court to do anything, you need to do so by formal application, of course paying the fee.

[Debbie1608]

is this on Form N244?