Trial Bundle Query and amended defence

[Loser4u]

Ahead of agreeing the trial bundle index I have a couple of queries

 

If documents are listed in one or both of the parties standard disclosure lists do they also need to be a separate listing and included in the trial bundle?

There are documents within the disclosure list that I need as part of my defence.

 

On the judges directions it put the date for filing an amended defence before the claimant had to complete disclosure. So can I file another amended defence now that disclosure has been completed as there are missing and illegible documents. I even have a letter from the solicitor saying they wouldn't disclose before they where required and stating that an amended defence was due to be filed by me first if I wanted to.

If I can file an amended defence would I need to complete an N244

 

Thank you for looking

[AndyOrch]

Hi L4U

 

If the DJ has ordered/allowed an AD then you do not need to submit it by way of the N244.

 

Regards

 

Andy

[Loser4u]

Yes DJ allowed an amended defence which has been already been submitted so this would be another amended defence.

The date to complete this was by 4pm on the 11 Feb

The date set for exchange of standard disclosure lists was the 18th Feb

With exchange of documents to be completed by 4th March - 2 weeks later.

 

So the defence was submitted without the claimant providing the agreement, statements or anything else other than the detail in the POC which as usual was very limited and vague.

 

Now disclosure has been completed there are a few additional points I would like to add to the defence.

[AndyOrch]

If this is a further submission (separate to the DJ last directions) then yes you would need to file via the N244

and request further permission.

There will be an addition fee.

 

Andy

[Loser4u]

Thank you Andy

 

Can anyone advise on this

 

If documents are listed in one or both of the parties standard disclosure lists do they also need to be a separate listing and copies included in the trial bundle?

There are documents within the disclosure list that I need as part of my defence

 

Thanks

[AndyOrch]

Would that be documents on the Claimants N265 as not disclosed?

 

Andy

[Loser4u]

Documents are listed in the Claimants N265 form and the N265 form is in the trial bundle index

[AndyOrch]

If they have disclosed what you requested and need, then yes its fine to list them also in the bundle.

 

Andy

[Loser4u]

Thank you Andy