Fast Track - Standard Disclosure of Documents

[Debbie1608]

Pagination of supplemental pages:

I need to leave a section for insertion of Defendant's LOD/Witness Statement/Exhibits which I am not due to get until Tuesday.

Given that I don't know how many pages there will be, how do I reference them?

My previous section ends on Page 395 so do I put 395a, 395b etc? What do I do if it gets to 395z and I've still got pages to consider?

Thanks

[Debbie1608]

Do I need to do a separate statement (with heading etc) with any comments I might have once I receive his Witness Statement/Exhibits or do I merely make a note of questions I want to ask?

[Pezza54]

Do I need to do a separate statement (with heading etc) with any comments I might have once I receive his Witness Statement/Exhibits or do I merely make a note of questions I want to ask?

Make a list of the questions you want to ask the witness and leave a space to hand write the answers

[Pezza54]

Pagination of supplemental pages:

I need to leave a section for insertion of Defendant's LOD/Witness Statement/Exhibits which I am not due to get until Tuesday.

Given that I don't know how many pages there will be, how do I reference them?

My previous section ends on Page 395 so do I put 395a, 395b etc? What do I do if it gets to 395z and I've still got pages to consider?

Thanks

One of the advantages (or disadvantages depending on a party's view) is the strict procedural timetable on the fast track
If it was me I wouldn't number the pages different to what the defendant has numbered them
Include a note at the front of the trial bundle stating the date you received them and it was too late to accommodate consecutive page numbering in the bundle

[Debbie1608]

Thank you so much for your help on this - it's been a bit of a nightmare! I can now get on with cross referencing docs in my Witness Statement and start to print

[Debbie1608]

I've just noticed that the defendants Defence is not signed. Can his new solicitor (a) get him to sign it although it has signatory details of previous solicitor or (b) can his new solicitor draw up a completely new Defence. Can I apply to strike out but hearing is 27th?

Thanks

[Pezza54]

Please read Practice Direction 5A - Court Documents

Under 2.1 if statements of case are drafted by a legal representative who is an employee of a firm they should be signed in the name of the firm.

So just the original solicitor's company name is acceptable at the end of the statement of truth

[Debbie1608]

Noted - thank you

[Debbie1608]

Despite agreeing to accept late service of Defendant's Witness Statement etc which they hoped would be with me this morning, and my requesting receipt of documentation by 12:00 noon today (in triplicate), nothing has been received from his new solicitor.

What are my options now? If it arrives tomorrow, do I accept it? Do I notify the Court or give them a period of grace ie if I don't get it tomorrow then contact the Court?

Thanks in advance

[Debbie1608]

Guidance please

I sent a letter to the Defendant's solicitor this morning, copied to the Court as I still hadn't received their WS etc. However, I've just received an email asking when an "agreement" was reached re late service? On 13/03/25 they asked "Will you be agreeable to late service of the statement and the list .." also stating that he hoped to have the statement with me by Tues 18th. I responded "I would be grateful if you could ensure that the following documents are received no later than 12 noon Tues 18 in order that they can be included in the Trial Bundle" - as far as I'm concerned that's an agreement. They suggested 18th so I think they're playing games.

When asking if I would accept late service he also asked if there was any particular documentation I wanted his client to disclose. I requested specific disclosure but now he's saying "why any of these documents are relevant to the issues before the Court".

He's also asking for a copy of my List of Documents together with copies of the documents on the list. Surely, he should have this by now either from (a) previous solicitors (b) Defendant himself (c) Court. All these documents are in the Trial Bundle.

He's now telling me I will have his Defendant's List and copies tomorrow along with the Defendant's statement. They've continued to ignore my request for an explanation as to non compliance. I've also asked about agreement re Trial Bundle and Case Summary but this has been ignored.

I am due to serve the Trial Bundle tomorrow so won't have time to include it.

Do I need to do anything?

Thanks in advance

[Pezza54]

You're on the fast track. The court is strict on the deadlines they set for filing documents. The defendant shouldn't be asking you if you are okay with documents being served late. Ignore their requests.
Concentrate on filing the trial bundle on time

[Debbie1608]

I have just received an aggressive email from D's solicitors saying my case is statute barred. This concerns monies loaned to a friend and up until 14/03/2023 was paying and then stopped. Do I have 6 years from the date of default or is his solicitor correct - he's quoting Limitation Act 1980 Section 5

I'm really stressing about all of this - he's putting pressure on me to discontinue, his client to pay his own costs and telling me that Court time is precious as it's listed for 5 hours even though his client has breached Court Orders, Practice Directions etc since the outset. If I don't discontinue and the case is struck out he will ask the Court to make an indemnity costs order against me.

Is there anything I can do about his aggressive stance. I appreciate that's how some people operate but he's fully aware that I am a Litigant in Person and my WS makes reference to my mental health which has drastically deteriorated due to all of this.

I'm at a loss of what to do

Thanks in advance

[Debbie1608]

I want to oppose their application for relief from sanctions re non compliance. They're asking for 30 min hearing on day of trial. Do I need to object via N244? or just make note of my objections and read at hearing.

Thanks

[Pezza54]

Please read the article "What a relief: relief from sanctions and missed deadlines" at www.fieldcourt.co.uk

Take note of the 3-stage test carried out in Denton v White
Is the breach serious and significant
Was there a good reason for the breach
Court to be fair about the application v compliance with rules, practice directions and orders

You should prepare a short witness statement for the application hearing stating how you have been affected by the defendant's breach of court rules etc

[Debbie1608]

I have referred to my health deteriorating in my Witness Statement. I have a letter from GP but due to sensitive nature chose not to include copy on trial bundle. I don't want the other side to see its contents. Am I permitted to just give copy to Judge? Do I take it on day of trial and hand it to Court Clerk?

Tbanks