Disclosure of Documents

[Jamesx81x]

Hi

 

If i have initiated legal action against somone and they have replied to the courts with their version of events can i then request to see that document under Practice Direction 31.3 Right of Inspection of a disclosed document

 

Thanks

[AndyOrch]

Assuming they have submitted a defence and you are now at AQ stage then wait until Standard Disclosure (n265) and exchange.You can request anything that they have referred to within their defence and intend to rely upon.

 

Regards

 

Andy

[Jamesx81x]

Not too sure how the process works on this one.

 

It was a Form 4 complaint against an individual bailiff, and the judge has responded by stating a hearing will be held after a certain date.

 

However it is the company he acted on behalf that submitted a response on his behalf which the judge has stated is un-acceptable as he has to answer for himself.

 

It is the document they have submitted to the courts that i am looking to gain so i can see their grounds for denying my complaint.

 

Would this be the N265 you stated or a normal disclosure request?

 

Thanks

[MARTIN3030]

Yes usually with a form 4 complaint,the bailiff has to furnish substantial documentation.

I assisted someone with one of these and the disclosures presented were around 2 inches thick.

[AndyOrch]

N265 is the form used in Standard Disclosure in the process of civil claims and which a defence has been based on Im not sure whether you could possibly use a CPR 18 request to acsetain information regarding this purported document...it wont disclose it but may provide information.

 

Regards

 

Andy

[Jamesx81x]

Thanks both for the help

 

So just to be clear it would be a N265, is that the one you assisted with Martin?

 

Thanks

[MARTIN3030]

The one I was involved with (Form 4 complaint) was dealt with by procedure.There was no Court case as such.

A DJ looked at the complainants issues,then the Bailiffs response.

Follow Andys advice here.

[Jamesx81x]

Got it, thanks guys

[andydd]

Does Standard Disclosure not apply to claims on small track though ?, in which case CPR 18 can be used, although it may be possible to use parts of CPR 31 pre allocation.

 

Andy

[AndyOrch]

If the claim is proceeding on the small claims track, disclosure is dealt with by disclosing a documents bundle comprising all your documents, which is then served on the defendant and filed at court

If the claim is proceeding on any other track, disclosure is dealt with by each party completing and filing a list of all the documents it is disclosing.N265 The list is sent to the other party, who then request copies of the documents which it wishes to see.

CPR 18 applies to any claim until it is allocated.

 

For Info James :- http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

 

Andy

[andydd]

Should that not read..CPR 31 applies to any claim untill it is allocated.

 

and

 

CPR 18 applies to all claims/all tracks.

 

Andy

[Jamesx81x]

Thanks Guys

[andydd]

Should that not read..CPR 31 applies to any claim untill it is allocated.

 

and

 

CPR 18 applies to all claims/all tracks.

 

Andy

 

Correction..CPR 18 is the same as CPR 31 in that both are specifically excluding from small claims, although in theory could be used pre-allocation.

 

Ive started another thread on this subject > http://www.consumeractiongroup.co.uk/forum/showthread.php?367697-CPR-18-amp-31-pre-allocation.&p=4004931#post4004931

 

Andy