Fast Track - Standard Disclosure of Documents

[Pezza54]

My mistake
It couldn't have been posted on the 7th, it wasn't sealed until the 8th
So posted on Saturday 8 or Monday 10 March

[Debbie1608]

I am now paginating the Trial Bundle. I am still without any documentation from the Defendant.

I am using dividers and have left a specific space for (a) his Witness Statement and (b) his Exhibits to Witness Statement

How to I paginate to take this into account? Do I continue to number consequentially and if I do get his documents, add them in as supplemental pages?

How much time do I give them to provide documents as I'm almost ready to start printing x 3

Is this usual for, albeit new solicitors, not to respond to emails/hand delivered letters and telephone calls when a trial is imminent. Court have duly been notified of non compliance. Doesn't make sense that they would just ignore everything, even if they have no instructions, a courtesy letter would help

I'd be lost without all the help from this site. Thank you so so much

[Pezza54]

CPR 39.5 (2) The claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial
With the trial on 27 March you could file and serve the trial bundle on 20 March, a week today
IMO if the claimant's solicitor has missed the deadline for serving their witness statement you should start printing and paginating without it (no gap)
Make sure you include a copy of the court letter you sent to the judge about the claimant's failure to serve documents

[Pezza54]

Don't put yourself out waiting for the defendant before finalising the trial bundle. The chances are you will only be allowed a limited number of hours for this task in your legal costs claim

[Debbie1608]

I have just received a letter from his solicitors, via email saying that they hope to have their clients Witness Statement/List of Documents to me by Tuesday am which pushes me almost to the wire in printing the bundles etc.

They are asking if I will be agreeable to late service or if I prefer the matter to be adjourned from 27th March? There is no explanation even though I asked.

I don't fully understand my options here? I feel they've had more than enough time but don't want to appear unaccommodating.

They've had my WS since 21st Feb and I'd only have his for a week before trial

Any guidance please?

[Debbie1608]

Just received another letter - seems that they haven't got my List of Documents and also asking me to send a copy of their client's Defence. Also suggesting mediation. I've still got my Part 36 on the table, deadline 21st. I supposed mediation is a good thing but the person I'm up against is quite sneaky and liable to not be truthful which means it would be a complete waste of time. I'm more than happy to engage in mediation but on the understanding that he is honest & truthful.

Don't really know what to do now. If I agree to mediation and it's settled, what happens to the Part 36 and costs, interest etc

Panicking a bit now given the impending hearing date

[Pezza54]

It's your decision whether you want to mediate. A mediator charges for the service and there's no certainty of an agreement
It may be a delaying tactic
It sounds as if they are messing you about claiming they haven't received your witness statement when you know it has been sent
IMO you should set a deadline for 12 noon next Tuesday 18th to receive their documents (ask for 3 copies) otherwise it will be too late to include them in the trial bundle
That still gives you a week. You could post them Tracked 24

[Pezza54]

Just received another letter - seems that they haven't got my List of Documents and also asking me to send a copy of their client's Defence. Also suggesting mediation. I've still got my Part 36 on the table, deadline 21st. I supposed mediation is a good thing but the person I'm up against is quite sneaky and liable to not be truthful which means it would be a complete waste of time. I'm more than happy to engage in mediation but on the understanding that he is honest & truthful.

Don't really know what to do now. If I agree to mediation and it's settled, what happens to the Part 36 and costs, interest etc

Panicking a bit now given the impending hearing date

You should write back stating they will receive a copy of their defence and your documents in their copy of the trial bundle which you hope to post to them at the end of next week.

[Debbie1608]

Sorry, I forgot to mention. The solicitor says he's hoping to have his client's statement and "List of Documents" - surely it should be (a) List of Documents (b) Witness Statement (c) Exhibits?

He is specifically asking if I am happy to accept late service of the Witness Statement and List of Documents or do I prefer the matter to be adjourned?

I think that he should be supplying all items (a - c) above on Tuesday - what are your thoughts?

He is also asking "Are there any particular documents that you want our client to disclose?" - should I await LOD and see if he was willing to disclose them or if I am aware of specific documents, ask them to disclose? Some may be particularly damaging to the defendant as one is a serious unfounded allegation and which he has continued to use to threaten/intimidate me

[Debbie1608]

In his second letter when he suggests mediation he has posed questions - this relates to money I loaned to the defendant which he was paying but then stopped. I am now being asked

(a) did you loan money?
(b) who precisely did you loan it to?
(c) How much did you loan?
(d) How much if any has been repaid?
e) Do you have evidence as to the origins of the payments (which accounts) and also the destinations (which accounts) of the payments?

It would appear that his solicitor is not aware of the loan amounts, repayments etc even though the Defendant has been supplied with numerous copies of the loans/repayments. This information was also supplied and detailed in the original POC and subsequent Amended POC so I'm a little baffled

Coupled with his solicitor not being aware that I had supplied my List of Documents in December 2024 or that he doesn't seem to have a copy of his client's own Defence (which he could/should have obtained from Defendant's previous solicitors or from the Defendant himself)

How do I succinctly decline mediation without potentially prejudicing myself. I aim to reject on the following basis:

(1) Prejudicial to judicial process given imminent hearing date of 27th March
(2) Previous offers of mediation (x 3 at least) were ignored, the last offer being completely rejected and referred to a "marriage counselling"
(3) Non compliance with Order of Stay for Settlement (ignored)
(4) Non compliance of Court Order re List of Documents, exchange, case summary, agreed trial bundle
(5) Defendant's conduct throughout, threatening & intimidating

[Pezza54]

All the info asked for should be in your PoC. Refer him to that document
You've spent a lot of time and effort preparing your claim, document list, witness statement, evidence and trial bundle.
You have also paid for court fees
IMO if you think you have a strong claim carry on. The trial is less than 2 weeks away
The solicitor, via the mediator, will try to negotiate a significantly reduced sum

Make sure (1) to (5) is covered in your court letter

[Debbie1608]

I've drafted up my letters ready to send, do I send a copy to the Court?

[Pezza54]

The letter to the judge, yes
The reply letter to the solicitor, no, but include it under correspondence in the trial bundle (as well as solicitor's recent letters)

[Debbie1608]

Sorry - little confused. I have drafted up 2 letters in response to the Solicitor's 2 letters received yesterday

1) seeking agreement to accept late service of witness statement/List of Documents
2) offer of mediation

which letter do I copy to Court?

Thanks

[Pezza54]

Neither, I didn't realise you had drafted separate letters