CC Disclosure of documents

[ajm100]

Hi there,

 

I'm new here, pleased to meet you.

 

I have a query regarding disclosure of documents at County Court for a fast track case of which I am defendant.

 

If I have filled in the form 'List of Documents: standard disclosure' to the best of my ability and forwarded it to court before the specified deadline with a covering letter and an attached table of documents, have I complied with the following statement?:

 

By 4pm on (date) each party must serve and file with the court a list of issues relevant to the search for and disclosure of electronically stored documents, or must confirm there are no such issues, following Practice Direction 31B.

 

Or is there something else I should have done?

 

Thanks in advance.

 

AJ

[andydd]

Think it sounds about right, have you fully read the CPR and accompanying practise direction concerning disclosure ?

 

Andy

[ajm100]

Hi Andy,

 

Thanks for your reply.

 

I have but I have received a letter from the Claimants solicitor threatening an Unless Order if I don't comply. I disclosed a list of documents to them by a covering letter on the same day so I can't see where they think I have not disclosed.

 

They were late sending their standard disclosure to me of which I applied for a strike out order, so I think they are looking for ways to get back at me.

 

AJ

[ajm100]

I am just trying to confirm that I have complied and have nothing to worry about.

 

AJ

[ajm100]

What is meant by each party must serve and file with the court....'? Does this mean I just send to the court or have to send to other party as well. Its a bit ambiguous to me. I sent the list of documents to the other party with a covering letter but no 'List of Documents: standard disclosure'. I sent the list of documents and 'List of Documents: standard disclosure' form to the Court with a covering letter. Should the 'List of Documents: standard disclosure' have gone to the other party as well?

[Ganymede]

You need to send the disclosure form and the documents to both the Court and Claimant.

[ajm100]

OK, Many thanks for your prompt replies.

 

AJ

[ajm100]

Just one other question, what are your views on someone serving documents by email if they have not been given the other party's email address directly?

 

The government Justice website indicates 'There is nothing in the Practice Direction or FPR 2010 that requires any person to accept service of a document by email.'

 

Thanks,

 

AJ

[Guest]

some sols do state that they won't accept 'service' by email. check out cpr part 6 etc re service.

Edited May 26, 2013 by Ford

[Ganymede]

Depends what you are serving. Check with the solicitors first.

[ajm100]

How about the solicitor stating that they don't accept service of court documents by email but then attempt to serve them on me by email. A bit hypocritical?

[Ganymede]

Just the way it is.

[AndyOrch]

The N265 is simultaneously exchanged between parties ...no need to serve the Court with copies.

[Ganymede]

The N265 is simultaneously exchanged between parties ...no need to serve the Court with copies.

 

 

 

But the Order says "file and serve".

[AndyOrch]

I personally have never filled a N265 with any Court

[andydd]

Id serve everything by both post and email to both court and other side.

[Ganymede]

Id serve everything by both post and email to both court and other side.

 

 

I agree. Belt and braces...