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CPR part 18 v CPR 31.14 v DSAR Confused, well I am

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Well not totally confused as I have spent the last couple of hours reading the stickies above regarding CPR for Document disclosure.

However I am wondering were a DSAR sits in all of this ?

 

In a Nutshell,

 

CPR part 18 for clarification of any documents you are sent

 

CPR 31.14 for disclosure of any documents they mention in a statement in of cases (POC)

 

Now where does a DSAR fit into all of this ?

 

How does one request to see documents that have never been mentioned ? e.g. DN, DoA etx ?

 

How does one prevent a claimant producing a document in court that they have previously failed to mention, or more importantly photoshopped at the last minute.

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For small claims track, 31.14 requests get turned down, as being inappropriate on cost grouds.

 

Part 18, can include questions and not just about any documents already provided. So you can ask about documents not mentioned in POC.

 

DSAR is just a request under Data Protection, so is a separate right that you have, for all the data they hold on you. When you make the SAR request, you have to state exactly what you are wanting, as otherwise they may just send you aload of screen prints and other data off their system.

 

It is up to a Judge to decide on documents taken into court, that have not previously been mentioned. If you have not been able to examine them, you can ask for an adjournment, for say 2 weeks, while you take advice.


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Thanks Uncle, How can you ask for CPR part 18, if the court does not give you time to ask for it ?

 

e.g. Claimant obtains CCJ by default by using the incorrect address trick, Judgement is then set aside on these grounds, Judge then orders you submit particularised Defence almonst immediatly.

 

In effect the first part of the process of when a claim is first issued has been by-passed with no chance to use CPR

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No expert on this. Would have thought that as a LIP, you could ask for an adjournment of a few weeks, as you have not been able to probe the merits of claimants claim against you and taken advice. I suppose the judge could say that you should have sent the claimant a CPR request, at the point the set aside was requested.

 

See if you can speak to the court concerned and ask about what you need to do to ask for adjournment, so you can request information from the claimant.


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The point here is whether you had grounds to set a side in the first place.Yes bad service is a reason to set a side but you must also have a defence of merit to hand also.

 

Are you saying that you don't have a defence until they respond to a CPR request?

 

Regards

 

Andy

 

PS Is this connected to your other thread batty?


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Hi Andy, the question is motivated from a personal point of view.

But I'm trying to keep this thread "generalised" so as prevent as to prevent a duplication of my thread.

 

But the point I'm making (and I see that the same has happened in the maybelate thread I referenced on my own)

 

Is that there appears to be a problem (well to me) that after a set aside where a false address has been used, that you are then hit with a judges orders to file a defence. The letter gives you 14 days, but in reality gives you 7 days (due to our crap post) which then means you are not in a position to use CPR before you can formulate a defence.

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There is no requirement to use CPR pre defence or for the Claimant respond to CPR... (Legally) hence the name Civil Procedure Rules...its considered civil.

 

Disclosure happens later in the process at Standard Disclosure..after defence after Allocation.

 

If there is documentation required to check details /validity they are normally requested at AQ...but if they did by chance respond to a CPR 31.14 request all the better.

 

Only CPR 18 can be legally forced by the Court by way of an Application.

 

Regards

 

Andy


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