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Help with current court proceedings - please!


bottomburp
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I am in the middle of a court case against an individual. Earlier this year we were ordered to disclose by list by a certain date. Both parties did this though the Defendant's list is distinctly lacking - running to around 20 docs (and they have control of the files) against mine of around 1,500...

 

The day after receiving D's list I asked for copies of various documents. I heard nothing.

 

Around 3 weeks later I asked again. Nothing.

 

I issued an N244. The judge made an "unless order" that D had to supply the docs within 7 days.

At that hearing the judge also ordered D to pay my costs (around £200) in having to go to court over disclosure.

 

I received most of the docs within the timeframe but there some missing furthermore D said in his covering letter that he had destroyed a whole load of other, vital files (that he had not disclosed, that he knew I needed and that he knew would be ordered to be disclosed).

 

I issued a further N244 as D had not delivered all the docs and had admitted to destroying vital files.

 

The judge refused to strike out D because at the same time as sending me the docs he had written to the Court saying he had complied... However the judge has now ordered D to file a witness statement and statement of truth that he has complied with the previous Orders and CPR. Apparently I can cross-examine D when the case comes to trial... The costs of that application are "in the case".

 

In the meantime the payment in respect of the costs ordered has passed and I have not received it.

 

As the judge has made it quite clear that he is not going to follow through his "unless" orders (because he will be bombarded with interlocutary applications from the other side") what are the strongest sanctions that he could reasonably make that would still enable the case to go to trial but severly hamper D (who won't comply with anything)?

 

I'd be very grateful for any assistance with this.

 

Thanks bb

My posts are offered informally, without prejudice and without liability. You should seek the advice of a qualified insured professional.

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Hi, I am not able to answer your questions, but will move your thread to the Legal issues forum where I am sure there will somebody who can.

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