General form of judgement order

[Tudor Fan]

i have been a litigant in person as a defendant in a civil litigation case. i am now stuck on what i need to provide to the claimant and the court. The judgement made the allocation a - fast track case following an online hearing. and the following order made

Disclosure
1) both parties shall give standard disclosure list by the date specified in the order - i am not sure what this is, i had just planned to send my defence and my evidence, sticking to the claim as per the particular of claim originally sent. the claimant, who is now a litigant in person has emailed me and the court their very, very large amount of disclosure. documents. The Claimant has also sent me a N265 form asking for ridiculous amounts of information which does not i believe relate to their claim.

2) any request must be made to inspect the original of or to provide a copy of disclosable document

3) any such request must (Unless objected to) be complied with within 7 days of the request

Witness of fact
each party shall serve every party the witness statement of all witnesses of fact on whom they intend to rely, also it states that there shall be a simultaneous exchange of such statement on the date indicated in the order. My witness statement will not be a expert and i under stand the claimant does not plan to have a expert witness. i am not sure how these are served simultaneously.

any advise would help as i do not want to send the wrong information.

many thanks

[atticus]

Please see the various guides etc in the resources thread. Link in my signature below.

[Frank1]

CPR 31 covers disclosure of documents and CPR 32 covers evidence and witness statements.
31.3 (2)(a) and (b) states how a party should respond to disclosure of documents they consider irrelevant.

Documents referred to in a witness statement should be disclosed to the other party earlier than exchange of witness statements. The process is different on the small claims track.

[Tudor Fan]

as part of disclosure do i have to complete an n266? i have looked at it, i am a not sure how to complete the form.

[Tudor Fan]

sorry that should have been N265.

[atticus]

Yes, that is the list of documents for standard disclosure.

Before completing the form, make sure you understand "standard disclosure". Read the material to which you have been referred. After that, collate the documents that you will have to disclose. Then complete the list.

[Tudor Fan]

thank you for that, is there a limit on the number of documents i have to send, the clamant has already sent me a request for thousands of documents to be sent to them included my personal emails and messages,, my person bank records (i do not have any other accounts) i feel this disproportionate.

do i send the disclosure to the just the claimant or to the court and claimant?

thank you

[atticus]

There is no limit. You need to understand what documents come within 'standard disclosure', and disclose documents in your possession that meet those criteria.

[atticus]

One of the reasons that I am urging you to read the various guides etc is so that you understand the processes of civil litigation as a whole. You need to be planning not just for the immediate next step, but for the steps after that, all the way to the trial of the case. Please acquaint yourself with what is likely to happen procedurally.

[Tudor Fan]

I have prepared my disclosure documents and i am ready to send off the N265 to the claimant i am required to send the form to the court also? and will i need to send copies of the documents that the claimant request to see also to the court?

many thanks

[Tudor Fan]

i am preparing my witness statement as the defendant, as part of my statement can i add evidence/exhibits appendices to support my statement.

[atticus]

Yes, you can. But you should have included all such documents in your disclosure list, in which case you can simply refer to them in your statement.

The guides I have mentioned do give more information.

[Tudor Fan]

Thank you for replying , i can confirm all the exhibits which i mention in my witness statement have been disclosed to the claimant and i will ensure that any new discovery is sent on them. thanks once again.

[Tudor Fan]

My case is due to be heard shortly and looking at the order the claimant is ordered to send 2 filed bundles to the courts prior to the hear, looking at CPR i am not clear if the claimant is meant to try and agree the final bundle with the defendant prior to submitting.to the court. as the defendant i have contacted the claimant but they are not replying, is bundle agreement optional for the claimant to do and therefore does not need to try and agree the bundle with the defendant?

should the claimant also send me a copy of the final bundle?

[Frank1]

My interpretation of cpr and advice given by Harper James Solicitors on their website may be incorrect.
The N265 Standard Disclosure form should not be included in the trial bundle unless specifically directed to do so by the court or required by the parties involved
CPR states the document lists should be served on the parties but does not state they should be filed with the court.

The claimant is not responding to you about the trial bundle. This may be deliberate. The claimant can state the bundle was not agreed with the other party and leave out document lists.
If this happens and you don't exhibit documents with your witness statement, the court may not have a copy of them for the trial.