Fast Track - Standard Disclosure of Documents

[Pezza54]

Yes, £303 fee

[Debbie1608]

The new solicitors have agreed to accept service via email. Still no response re urgent disclosure of documents. I strongly suspect that they will now object to the contents of my List of Documents having had sight of these and my witness statement. My witness statement has been fully prepared & submitted based on the documents contained in the List of Documents submitted both to the defendant and court on 30th December as per the Order. If they object and I don't agree do I still keep to my original witness statement as it is? What do I do about documents they object to? I'm worried that I may have to amend it if they object whereas, as far as I can tell, the documents fully support my claim and refute the defence.

Thank you

[Debbie1608]

Do I need to be proactive? I've emailed new solicitor this morning seeking urgent clarification if they have or intend to seek extension/adjournment and timescale to receive List of Documents/Witness statement. Up to now no response. Emails are responded to as with postal mail despite them stating they will accept service of proceedings via email. I've no idea what to do now with Trial bundle - do I leave gap in bundle for inclusion. I can't complete pagination without it unless I can put in separate folder? I feel i need to do something rather than turn up at hearing or be forced up against tight deadline for service of trial bundle.

Any advice? Thanks

[Debbie1608]

I've still not received anything from his new solicitors. I now have 1 week to prepare trial bundle. How do I do this if I dont have his documents and bundle has not been agreed with solicitor. I emailed on Friday seeking urgent response as to if they intend to extend/adjourn and when will I receive his documents but heard nothing back.

Should I just email the Court to update them

Thanks

[Pezza54]

You could email the court with a copy of the email you sent to the solicitor, stating you are concerned about the lack of response and the short time left to collate the defendant's documents for the trial bundle

[Debbie1608]

brilliant - thank you

[Debbie1608]

As I've still not heard from his solicitors, despite chaser emails/phone call - from the advice given on here relating to a similar scenario, I am putting together a "statement" to give to the Usher/Defendant's solicitor on the day of the hearing raising objection to any documentation/witness statement he may intend to rely on.

Am I right in thinking that even if they submit it late I can still object? or is this not advisable?

How do I format the statement? Do I have to head it up like a normal Witness Statement, with signed statement of truth or is it generally just an A4 chronology showing non compliance? Is there any particular terminology I need to use "object to reliance ...."? Do I need to refer to sanctions/costs etc?

Am I allowed to produce the trial bundle without their documents? If so, bearing in mind I need to serve by no later than 20th March, how much time do I permit the other side to provide the documents?

Thanks again for all this help. It is really helpful. I'm really stressing now as the trial date is imminent and I have still not received any documents from their side. I've tried calling the Court but their system has changed and when I got through I was no 238 in the queue!!

[Pezza54]

I found advice about court letters at www.proofed.com
The article is titled "How to Write a Court Letter (With Template)"
It is a USA website but the advice provided appears ok
Keep your letter polite, short and to the point. Avoid telling the judge how to do their job. They won't take kindly to that

You shouldn't worry if you don't include the other party's documents that are served far too late. You may want to add in your letter the reason why the other party's documents have not been included in the trial bundle

[Debbie1608]

I have only just received an Order granting permission to Amend my Particulars of Claim - sent 1st class but no date of postmark

Confused over dates: the date on the bottom of the Order is 25 February 2025 but the date on top with the Court seal is 8 March 2025.

The Order says I must re-serve the amended version on all other parties within 14 days of the service of this Order - does that mean 14 days from 25th Feb or 14 days from 8th March?

I am guessing I re-serve the full amended version and not just the "edited" pages?

Do I re-serve on the Court too?

Thanks for your help

[Debbie1608]

Trial Bundle: Do I move the "Application to Amend" from the "Case Statement" section and put in the Court Document section? or do I just put the full amended version behind the application to amend in the "Statement of Case" section?

Thanks

[Pezza54]

CPR 6.26.1
Deemed service is the 2nd day after it was posted 1st class
There is no post mark date. If you received it today, the 12th, it is possible it was posted last Friday evening the 7th. So deemed service I think would be Monday the 10th, but don't hold me to that. Definitely not 25 Feb
You should re-serve the whole document. If possible you could print the amended section in a different colour so it is obvious what has changed
File a copy with the court

[Pezza54]

Trial Bundle: Do I move the "Application to Amend" from the "Case Statement" section and put in the Court Document section? or do I just put the full amended version behind the application to amend in the "Statement of Case" section?

Thanks

My advice is to put the court order with the amended PoC in the Statement of Case section

[Debbie1608]

Confused: I am getting myself in a tizz sorting the Trial Bundle. I am totally confused as to which Court documents go in the Statement of Case section and which go in the Court Documents section.

I've put the claim form, POC, Defence, N244 Application to Amend, Amended POC in the "Statement of Case" section and other Court documents in a separate section "Court Documents". I feel I may have them in the wrong place?

Directions Questionnaires
Order for Stay
Notice of Transfer
Notice of Allocation
N244 Application to Amend
Emails to Court re non compliance
List of Documents

I am trying to finalise the bundle ready for pagination/printing etc but just want to be sure so as not to confuse the Judge

Thanks again for everything

[Pezza54]

"Statements of Case" should include your original PoC, amended PoC and defendant's Defence. If you filed a Reply to Defence you should include that too

"Court Documents" include all other documents (as per your list in post 73) in chronological order with the list of documents at the front

"Correspondence" include emails, letters in date order

"Witness Statements and Evidence" if you had received the defendant's witness statement and evidence, it would have been included in this section along with yours

[Pezza54]

CPR 6.26.1
Deemed service is the 2nd day after it was posted 1st class
There is no post mark date. If you received it today, the 12th, it is possible it was posted last Friday evening the 7th. So deemed service I think would be Monday the 10th, but don't hold me to that. Definitely not 25 Feb
You should re-serve the whole document. If possible you could print the amended section in a different colour so it is obvious what has changed
File a copy with the court

Royal Mail has admitted that over 6% of its 1st class post does not arrive within 2 days (Sundays excluded - no post)