help

i have done a disclosure list without filling in the n265 form.

now the other side are saying i haven't adhered to the judges ruling.

can my case be thrown out.

can they ask for my evidence to be struck out or even strike out all the case.

the other side are still requesting the documents.

what impact can all this have on my case.

When was the filing deadline, when is the next hearing (and is it a CMC or the hearing for judgment)?.

What track has the case been allocated to? I assume it isn't small claims, given there is a disclosure list.

Are you claimant or defendant?. Do you have a solicitor, or are you self-represented?

If the other side are still requesting documents - supply them ....... you get some lattitude if you are self-represented, but you are still expected to comply with disclosure, and that includes any document (and document is construed widely, so e.g. photos can be documents, and so on, it doesn't have to be on paper) including any that support the other side's case, or undermine your's......

Also, why is your Caps Lock stuck?.

The Filing deadline was for the 18th April 2018.

I provided my list by that date but not the 265 form.

It is a multi track case.

I doing this for someone else as a representative but I am not a solicitor.

They are the claimants.

The next stage is to request documents by the 2nd MAY 2018 which has been done on both sides.

We have now 14 days to comply.

Could leaving out the actual n265 form impact on this case.

On what basis are you their “representative”?

Are they under 18, or lacking capacity?

There are limited circumstances in which someone not a party to a case can represent someone else, and for a multi-track case : it is a bit brave, not only because of the cost implications if they lose.

Have you informed the court you are acting as a lay representative / McKenzie Friend? Are you receiving any remuneration?

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/judicial-college/ETBB_LiP+_finalised_.pdf

I would echo these statements of unease about you acting as representative here.

Your failure to use the Court form could be impactful on the case, depending on whether the other side suffer any prejudice. What did the Court Order say word for word as to disclosure? Were all the documents in the possession of your friend/client/associate on that list?

In conjunction with the actual list of documents the N265 Court Form contains a Disclosure Statement. This is just as important, and it requires the person completing the form to sign a statement of truth attesting that they have carried out reasonable and proportionate searches for all relevant documents. Arguably, without this signed statement the list is meaningless...

As has been said the potential pitfalls of a multi track case are the adverse cost consequences that can follow from things like not complying with a Court Order.

The Filing deadline was for the 18th April 2018.

I provided my list by that date but not the 265 form.

It is a multi track case.

 

I doing this for someone else as a representative but I am not a solicitor.

They are the claimants.

The next stage is to request documents by the 2nd MAY 2018 which has been done on both sides.

We have now 14 days to comply.

Could leaving out the actual n265 form impact on this case.

You are not a solicitor. You cannot be doing this and acting for your friend in this way.

What you are doing is a reserved legal activity under the Legal Services Act 2007 and therfore unlawful.

You are not qualified and therefore make mistakes like this.

You may get lucky but if the other side applies to strike the claim out you could be in trouble.