MCOL Standard Disclosure by List

[booroger]

Hi

A guy I did some private work for refused to pay me £16k so I started an MCOL claim against him. Eventually I got a letter from the local county court and its Judge giving instructins both parties had to stick to. The first thing was to disclose a list of documents by 4pm today (27/12/12) which I did but the other party (defendant) solicitors have not (I found out the solicitor is on holiday until the 2nd January and it's a one man band company). What should I do, I tried ringing the court (Barnet) but cannot get through.

All advice welcomed and thanks

[Nikolai]

Re: MCOL Standard Disclosure by List

This has obviously been going on for some time and is a defended claim. Both parties have to comply with the court's directions. You have but your opponent is in default. I would write to the solicitor today saying that the defendant has failed to comply with the District Judge's direction regarding a list of documents and if this is not rectified right away, you will apply to the court for an order compelling compliance and seeking the costs of the application.
Be sure to copy your letter to the court (it's always a good idea to keep the court in the loop), and sending it now ensures that when the solicitor returns on 2/1/13 he'll be under pressure to do something. It's clearly in a defendant's interest to prevaricate so it's up to you as the claimant to push things forward.
If the list of documents fails to materialise by say 9/1/13, go ahead and issue your application on Form N244 (available online or from the court office).
Just a general point - you are suing someone for a fair amont of money here, are you sure the defendant has the resources to meet any judgement you may obtain?