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    • Hi Tawnyowl here,i have been watching events over the last week or so as things develop. Labrat,such a sense of humour.😀 Hi honeybee13 . Sure does     Anti-fracking campaigners have reacted with concern to news that the British Geological Survey (BGS) signed a non-disclosure agreement with Cuadrilla over access to operational data. https://drillordrop.com/2019/08/24/suspicion-over-fracking-firms-secret-deal-with-geological-agency/   Cuadrilla has been accused of trying to downplay last night’s 1.6ML earth tremor caused by its fracking operation near Blackpool. The tremor, at 8.46pm, was the largest so far recorded at the Preston New Road site since fracking began there in October 2018. https://drillordrop.com/2019/08/22/living-in-fear-residents-respond-to-1-6ml-fracking-tremor/ Energy firm Cuadrilla said a 2.23-magnitude tremor was recorded at its facility near Blackpool at 11.01pm on Saturday – the third “micro seismic event” this week. While some local residents may have felt the movement, it was not strong enough to have caused any damage to property, the firm added.  Do you believe anything this company says. Like their so called micro seismic events you would think damage could have been caused to properties. Once buildings start shaking this must happen surely. I was approached this afternoon while at a cricket match. Just chatting way about this and that when the person said Did you feel the Earthquake last night. I had not even heard about it,tell me more i said. Lights and windows shaking moving around about a mile away on one of the North of Englands largest housing estates. And there are reports of many more people feeling this event covered on this link. Why should a community be put through this,waiting for the next one. People living around Cuadrilla’s shale gas site reported shaking buildings and windows last night from a 2.1ML tremor. This is the strongest seismic event so far induced by fracking at the Preston New Road site near Blackpool. It brings to more than 90 the number of tremors since fracking resumed at the site less than a fortnight ago. Within minutes of the tremor, there were reports that people had felt it from surroundings towns and villages including Blackpool, Weeton, Westby, Peel, Kirkham, Wrea Green, Great Plumpton and Lytham St Annes. Much more on the link. https://drillordrop.com/2019/08/25/call-for-fracking-ban-after-2-1ml-tremor-shakes-buildings-around-cuadrilla-shale-gas-site/   You might notice that the BGS has a page now for human activity causing Eartquakes-link Last updated: Sun, 25 Aug 2019 18:10:00 (UTC) This list contains seismic events for which there is strong evidence that they have been induced by human activities. It is linked to a database of seismic events and locations and magnitudes may change as events are re-analysed and revised. Background, tectonic seismic activity is reported on our recent earthquakes list. http://earthquakes.bgs.ac.uk/induced/recent_uk_events.html   I had better leave it there for now, more soon.,how will it all end because surely it will. Things cannot carry on much longer like this,can they? Bye for now. Tawnyowl writing from the Earthquake centre of Great Britain courtesy of Cuadrilla Fracking.
    • happy for mod to move it to suitable location under thread title Background: Thanks in advance for any thoughts you can share. This is a very long history, I appreciate your time. In 2011 I took out a £8500. loan from Borro private finance against art and jewellery to make ends meet. The agreements are attached below. This is a CCA. Borro regulated by the FCA. The interest rate is APR 68.8  % for 6 months.  I paid the interest and capital during the period term. On 3 May 2012  I renewed this loan at 79.4% interest for another 6 months.  Last week I requested all evidence the lender holds concerning the agreements. Missing are 03/05/2012 through 14/06 2013.( not under a SAR).  I fell into arrears on the loan and one piece of jewellery was sold, reducing the balance to £6400. Dec 2014.   The lender took a payment of interest £2044.16.  Renewed against the other items ( art etc) on this loan.  The new interest rate increased to 88.8%  . At the time the ring was sold, I requested all documents concerning the sale. Borro produced none. The ring is appraised at $17,5000.  £14,000.  The ring was sold for £3500.  I have an appraisal. I was notified prior to the sale. The ring was sold by "private treaty". I continued to ask for information about this sale until todays date. No information has been provided.  I took a huge loss . The ring is not clearly described on the inventory compared to the appraisal. Documents missing from Borro response to my request include 25/10/2014 to 10/04/2015. I was in arrears on this loan and a new agreement was made. The loan amount was increased to £10,810.00 and the interest rate decreased to  80%.  what is interesting is that the lender should have sold this ring, the value was sufficient to pay off my debts. But that is not what happened. someone got a deal on a nice ring.  II. ON 1, Jan 2012, I took out a second loan in the amount of £3000 against another piece of Jewellery. The interest was 68.8%. I paid the P&I on this loan.    Missing from the requested information is agreement from July 10/2012 until 12/12/2012.  I did pay interest during that period and on 12/12/2012 through 11/06/2013 I renewed  with an interest rate for 79.4 %.  I renewed on 04/07/2013 through 03/06/2014 interest rate 97.8%.  I renewed this loan on 03/01/2014 interest rate was 88.8. Take note there is very little description about this item. I redeemed the loan but ended up back in the pawn. 19/06/2014 to 18/12/2014 interest eat 94.5%. I renewed this loan again 19/03/2015 . Interest rate was 93.2%. Now there is a clearer description of the ring. Documents missing from Borro response to my request include 012/06/2013 to /10/2014 to 10/04/2015. Information on the  description is also scant until I took the loan out again in 2014. The last payment on either loan was March 2015. Default date was September 2015. The lender still has my property.   PROBLEM: In 2013, Borro became aware that the reason I had pawned these items was that I was a plaintiff in a substantial lawsuit in the US. I borrowed because I had lost my job. I was not able to work( I had been FCA regulated). I was facing eviction, had serious financial stability  and some mental health problems. I gave them a copy of the pleadings. They are aware that I had claimed these loans as part of my damages.  In 2015, Periodically I requested the accounting. Some was provided some was not. As a result, in  2016, the head of credit wrote to me " "Thank you for coming in to see me today. As discussed, we will freeze your accounts with us from today the 14th October 2016 until the 31st of December 2016. This will mean that no further interest will accrue until the 31st December 2016 and we will not consign to sale until on or after the 31st December 2016."  I did not hear from them again until  08 February 2017. On 30/03/2017 I responded to Borro request that I give them an update on the accounts. I wrote that I needed a settlement figure.  No response the following week I personally met with the manager I had been dealing with. She told me that " we are not going to sell your property". We understand that you have fallen on hard times, we are human. How long will it take you to sort this out. I responded about 2 months."   I did not hear from Borro again until I wrote to them on 18/03/2019 where I stated, " the last time we met you were going to give me a settlement figure". There was no response. As a result, on  18 March 2019 I sent  an email to - Subject: RE: Borro Accounts. Dear Lender. Hello. The last time we met, you were going to give me a settlement figure. Litigation is still ongoing. We have a potential investor that has asked me to get a figure from you. Depending on that number, I can let you know if I can pay the bill and collect my things in the next few weeks. Please get in touch as soon as possible". no response.   In early July 2019 I received a call from someone at Borro. It was not a good time. I asked him to call me back the following week. I did not hear from him again either. On  6 august 2019 I received an email from Borro that I should log into my account. I was unable to. The following week I wrote to them and in summary: On 13/08/2019 I wrote and included a summary of the events: I am writing to advise you that I am obtaining advice concerning the  account. You are aware that you have not pursued any further action on this account since approximately 2014(or earlier) . This is because I had an agreement with Name Deleted that Borro was not “going to sell my property,  I recited the above summary of events.   Certainly, I had no intention to give up valuable property for almost 8 years and pay interest and principal for this long. I want to develop a resolution to the matter between us. In order to achieve this, Please can you provide me with the following information which is attached in a spreadsheet: I need a very simple accounting and please answer the below: Any renewed loans where additional credit was extended through the re-appraisal of the assets ( ie using the asset as leverage) to extend further credit where the loan proceeds were applied to the loan for reinstatement purposes. What were the source of funds for the last payment made? Because I am seeking advice with a view towards finding a resolution, I would appreciate it if you could hold action on the above account for a period of at least 30 days to give me the time  I need to obtain advice. If you are adding interest or other charges to the account, I would be grateful if you would freeze these during this period so that my debt does not continue to increase. Please can you send me the enclosed spreadsheet and the documents you loaded into my account as soon as possible. This will enable me to obtain accurate advice. I will contact you again as soon as possible with further details of a  proposal to resolve the account. ( so far this lender has not complied with my request)   SETTLEMENT OFFER From: Borro Customer Service <Contact@borro.com> Sent: 14 August 2019 13:22 To: Subject: RE: Your Loan Account   Dear borrower. Thank you for your email and for getting in touch with Borro. As you would be aware there have been many loans with Borro, with two loans that remain outstanding which we are seeking to resolve with you. Given the significant period these have been overdue, the current balance on these two loans is almost £52,000 of which the majority is interest. In order for you to move on from this debt it is proposed to sell the collateral associated with Loan DIAMOND RING 175643 in full and final settlement and return all the items under Loan 198678 to you. This would generate a loss for Borro of approximately £49,000, however given your circumstance this is something we are prepared to offer. While I would love to pay Borro £3000. I do not currently have the funds. Borro is aware because I wrote to them on august 13 advising them i am not working. I do not want to lose my property. I need to find a way for them to walk away, give me my property back. WHAT ARE MY OPTIONS? Below are the questions I have or could raise in order to "negotiate with them". Is this a high interest short term loan? What are the effects of an CCA that has an interest rate of 93.6% and is renewed every six months? It appears that one loan was "Refinanced".  What FCA terms did they violate which might apply to this situation ? After the agreement expired and terms were changed, what rights does the PB have to collect further payments or sell the ring? Did they waive their rights to further payments? How can I use refusal to produce sale information concerning the first ring, to negotiate my way out of this? What is interesting is, they sold a £14,000 ring privately, concealed the buyer and other information, then turned around and INCREASED THE INDEBTEDNESS substantially. In fact they want to do this again, but this time are offering to  write off £49,000  in other interest. What am I missing? What effect does violations of FCA 6 and 7. help me to negotiate a settlement. Is the FOS effective threat to the firm to pressure a settlement? Does a cost cap apply to these loans and if yes what is the amount of the cap? How can I use the current appraisal and FCA or any other rules to stop them from selling the ring for less than market value? I have someone looking at the accounting to see if there are errors. found several when query. anything you can find that voids the agreements? Anything else you can think of THANK YOU!!!   RING.pdf art.pdf
    • I am so sorry I see the confusion now, I was meant to say CAB not CAG. They are just sending him letters to copy and send which doesn't seem helpful at all.    I also apologise for the vague details right now. I actually thought he had got rid of the car already until he mentioned it as he dropped me off home, so I've only got a vague idea myself, i just wanted to see if there was anything he could do other than send letters. I will get more details from him and update this thread, or get him to join as you have advised.  sorry 
    • It was a late payment, no default 
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urgent - simultaneous exchange of witness statements - no response form the other side,

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I am a defendant in a fast track case.

 

I have the other parties documents I requested copies of from their disclosure by list.

 

There are other docs I know of the existence of and want the other party to disclose them as I think they have left them out because they will hurt their case.

 

I have written to them requesting these be disclosed but have not heard back or received supplemental disclosure of these docs. I don't expect to hear back as they refuse to communicate with me regarding this litigation.

 

I am planning to apply for a Specific Disclosure order and cannot find much guidance online on how to go about this.

 

I want them to disclose specific documents, rather than to do an additional search as I think these should have been found and disclosed within the search they already carried out.

 

There are 11 docs in total I want them to disclose.

 

Some of the docs are mentioned by them in emails they disclosed, some are police records they can get through a subject access request, they have disclosed the Crime Ref numbers of these incidents and referred to them in letters they disclosed.

 

My questions are:

 

1. What do I put in the draft order?

2. What do I put in my supporting evidence/information to support the application?

3. How do I refer to the places that bought these documents existence to light?

 

Many thanks

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Fast track means that there may be significant costs implications of losing. Are you legally represented or self-represented?. Are they legally represented?

 

Disclosure is governed by any specific order made by the court (although 'standard disclosure' is often utilised).

CPR 31 covers disclosure, 31.6 and 31.10 standard disclosure and 31.6(b)(i) their obligation to disclose documents even if they harm their case.

"Document" is construed widely, and documents are disclosable not only if in their possession but also if they are OR have been in their control (CPR 31.8).

Getting 'caught' deliberately not disclosing documents is a dangerous game, and one solicitors caution clients against, no matter how tempting it is for the client!

 

A document they have a right to have a copy of by an SAR may well fall under CPR 31.8(2)©, although you'd be expected to give them time to seek it under an SAR.

The application you may make is covered by CPR 31.12, with its associated PD (PD 31A, specifically at (5))

 

You have an obligation to ask them to disclose relevant documents (& you say you have!) before seeking an order for specific disclosure.

Have they disclosed the document(s) at all? (Even to say they are exempt from disclosure or no longer in their control / available)?

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I am self represented, as are the other party.

 

The order was for standard disclosure. I requested everything barr a few items on their list. They haven’t supplied them all however, several are missing, something I have also written to them about, with no response.

 

I think it’s only the SAR that will take any significant amount of time to arrive. I did one to request Police records for this case, which I have disclosed and 40 days was the quoted time it takes. The other stuff I think they’ll have, or will be able to get copies of quite fast if they tried.

 

They have not disclosed them at all. They have nothing in their no longer in my control or privileged section.

 

I only sent the request 14/11/16 requesting them. I did not state in the letter that I am planning to apply for an order to get them disclosed.

 

They have not replied to one letter I have sent them during this case, so I highly doubt that they will reply to this. In fact, they have complained to the court about me writing to them regarding the case.

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I am self represented, as are the other party.

...........

 

They have not replied to one letter I have sent them during this case, so I highly doubt that they will reply to this. In fact, they have complained to the court about me writing to them regarding the case.

 

As long as your letters are civil and factual, what do they expect you to do instead of writing to them?

 

Have you considered retaining a solicitor on a "no win, no fee" basis?

They will assess the strength of your case before agreeing to act for you.

If they accept you'll be no worse off .... if you win they'll get the majority of their fees from the other side. If you loose you'll still be liable for the other side's costs (which is the current situation!), but not for your solicitor's fees.

 

What has the court said about Alternative Dispute Resolution (ADR) e.g. Mediation?

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I agree it's unreasonable that they think i shouldn't write to them.

 

We're at quite a late stage now, witness statements are ordered for simultaneous exchange next week, the hearing date is end of Jan. I've done pretty well so far on my own, I've done a load of research and have complied with CPR and PD all the way.

 

They didn't follow any pre litigation protocol, so no pre legal notice, no ADR, I just got served one evening out of the blue! I have attempted to engage in mediation in the past before this came to court, but it was rejected by them. The judge mentioned it at the directions hearing but not much was really said about it.

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The Directions order will say when inspection of documents should take place. You cannot make your application for disclosure until this time has gone.

 

As for records held by the Police, do the other side already have them as it isn't clear. If they don't already have them, why haven't you requested them from the Police directly? You can't make an application to disclose a document held by the Police which is not in the possession or control of the other side.

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Hello Ganymead, thank you for your response.

 

Disclosure and inspection has already taken place. That is how I have found out that these documents exist, from the documents I requested copies of from their 'Disclosure by List'.

 

I requested all information from the police within date parameters using a SUR and received all the records of the reports I made. I could not get any information on the reports made ABOUT me under the DPA. The opposing party would have to put in a SAR for that.

 

The opposing party has not disclosed the police records, only documents containing the Crime ref numbers for each report.

 

They listed the search area 'Metropolitan Police' in their N265. Should these police records not have been found under that search criteria?

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I am due to simultaneously exchange witness statements in a fast track case on 25/11/16.

 

I wrote to the other party to ask if they were ready to exchange, and have had no reply. They refuse to communicate with me.

 

They applied for an extension for disclosure on the date it was due without notifying me, so I am wary of unilaterally exchanging my witness statement without their response to confirm they too are ready to exchange.

 

I read that I could file it with the court with a covering letter explaining why it was not served.

 

What is my best course of action here?

 

Many thanks

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Presumably this simultaneous exchange is as the result of a court order.

 

They have now asked for an extension – have you consented to it? Are you dealing with a litigant in person or a firm of solicitors? Are you the claimant or are you the defendant?

 

I think that you should show that you are being cooperative as possible. You should certainly hold off the simultaneous exchange until they are ready to do the exchange. I think that you need to make sure that the court is fully informed of your intentions so I would suggest that you write to the court immediately, point out that you were on the verge of embarking on the simultaneous exchange when you received a last moment notification of the request for an extension by the other side. Explain to the court that as this is their first request for an extension, you have no objection to it but because of their request, you are delaying your simultaneous exchange until a new date has been set.

 

We respectfully ask the court to make it clear in the new order that if the extension deadline is not complied with, that their case will be struck out.

 

Of course, are making the suggestions to you without knowing any of the answers to the above questions


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Hi BankFodder, thank you for your reply!

 

Yes, the court ordered simultaneous exchange for that date by 4pm.

 

I am a joint defendant (with my partner), the other parties are joint claimants, and are my neighbours, a married couple. We are all litigants in person.

 

The application they applied for was for an extension for standard disclosure at an earlier date, but it was last minute and the other party did not inform me which is what has made me concerned.

 

Lat week I went into the court to enquire if any applications had been made by the Claimants and was told that they have applied for something.

 

The Court staff could not tell me what the application was for. I do not know if this is an application for extension for witness evidence or something else, but I am worried that it is and the other party haven't informed me and wont exchange on the date ordered.

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Well in that case I would cover myself by writing to the court as suggested, but also I would write to the neighbours – recorded delivery and put it formally in writing that you have not received any notification as to the simultaneous exchange and that furthermore you have heard from the court that they have made an application for something although you have not been told what it is yet.

 

Invite them in writing to give you a copy of the application they have made and also to clarify if they are proposing to make the exchange now – because you are ready to do so – or if not, when are they proposing to make the exchange.

 

Tell them in the letter, that you are writing to them for the avoidance of doubt and to make sure that everything is clear and open and that the letter will also be provided to the court.

 

The best thing in these kind of circumstances is always to put everything in writing so you got a clear paper trail. This is particularly so as you have now revealed that actually you're not quite sure whether they have applied for an extension or not. If you make assumptions that they have – and it turns out they haven't, you may find yourself on the back foot as they will then turn round and say that they were waiting for you – why you say that you were waiting for them et cetera.

 

I'm sure that you get the picture. The best thing to do is act openly, transparently, be proactive rather than reactive.


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Fantastic, thank you very much for the advice, it's much appreciated!

 

When writing to the Court, who should I be addressing the letter to please? The Court Manager, District Judge or some other person?

 

Thanks again

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I'm not sure who the best person to address it to – but it will all end up in the same place. Make sure that reference numbers et cetera appear at the top of every page.

 

If you are local to the court then it might be best to take it round there – and get them to give you a receipt for the documents. They are normally very good about that kind of thing. The easiest thing to do is to take a copy of the letter and get that stamped


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Fantastic, thank you very much for the advice, it's much appreciated!

 

When writing to the Court, who should I be addressing the letter to please? The Court Manager, District Judge or some other person?

 

Thanks again

 

Call the Court to find out precisely what their application is for.

 

If you do not exchange on time without prior written agreement to extend then you will all be in breach of the Order and may be disbarred from giving oral evidence at trial unless you apply to Court for relief from sanctions.

 

It's much easier to apply for an extension before the deadline has passed, than apply for relief after a breach.

 

An alternative is to serve the witness statements in a sealed envelope with instructions not to open it until they've served theirs, buy it depends on how much you trust them to not open it.

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I am local, and will file a letter today with the courts. I will also send one to the Claimants as you suggested.

 

If we do not hear back (which is what I expect) would you suggest we serve copies of our witness statements anyway, or not serve it and file with the court with a cover letter explaing why we have not served it?

 

Thank you

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old and new threads merged

 

 

please keep to one thread

 

 

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I am a defendant in a fast track case.

 

I have made an application in for strike out/Summary Judgement, the hearing date for this is 19/01/17.

 

I would like to amend my Statement in Support of this application as new documents have come to light that I think will allow some of the points in the Claim to be disposed with before trial.

 

I have made my amendments in red in a proposed amended Statement that I will send when applying, do I:

 

Write to the Judge to request permission to amend?

Use a Court form and pay a fee?

 

 

Many thanks

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A summary judgement is a very particular kind of process and I'm not sure it's available to defendants – only to claimants. Have you checked the rules on this? Could you tell me which will you are looking at. For some reason rather CPR 9.14

strikes a bell – but it may not be this at all.

 

Furthermore, a strike out is also very different to a summary judgement.

 

It might be helpful if you tell us a bit about the case and also posted up the claim and the defence in PDF format and told us what your basis for your application is.

 

As the hearing date is so close, why do you want to go through these applications rather than wait for the hearing and produce evidence there?


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"Strike out of claim" = "summary judgment for the defendant."

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Hi, thanks for your replies.

 

Yes, strike out and summary judgement is available to me as a defendant.

 

I am attempting to have their particulars of claim struck out as it does not comply with various CPR's, but I would also like to include the new evidence in support of summary judgement of certain aspects of their claim.

 

I did an awful lot of research on it before I put in the application and I think it's been done to an acceptable level for a litigant in person and complies with CPR.

 

I put the application in October, before disclosure. We have now gone through disclosure and inspection of documents. Some of the documents I have copies of from the Claimants will support my case enough to have parts of their claim disposed of before trial.

 

I am not sure if I will be able to use this new evidence at the hearing unless I include it in my statement in support of my application, hence my wanting to amend it.

 

I know it is possible to amend, but I just want to find out the correct process.

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Just draft a supplementary witness statement and attach the new evidence.

 

Send a copy to the Court and the Claimant.

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Hi, thanks for your replies.

 

Yes, strike out and summary judgement is available to me as a defendant.

 

I am attempting to have their particulars of claim struck out as it does not comply with various CPR's, but I would also like to include the new evidence in support of summary judgement of certain aspects of their claim.

 

I did an awful lot of research on it before I put in the application and I think it's been done to an acceptable level for a litigant in person and complies with CPR.

 

I put the application in October, before disclosure. We have now gone through disclosure and inspection of documents. Some of the documents I have copies of from the Claimants will support my case enough to have parts of their claim disposed of before trial.

 

I am not sure if I will be able to use this new evidence at the hearing unless I include it in my statement in support of my application, hence my wanting to amend it.

I know it is possible to amend, but I just want to find out the correct process.

 

I'm pretty sure you can't use evidence at a hearing which hasn't already been disclosed... TB

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I'm pretty sure you can't use evidence at a hearing which hasn't already been disclosed... TB

 

If it is new evidence : it should be disclosed.

So, 2 reasons to disclose it!:

a) the obligation to disclose by the date ordered by the court (or when the new evidence is found, if later)

b) the wish to rely on the evidence ....

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