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Kleftis

Cpr 31.14

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Hello,

This is my first post so be gentle with me!

 

If my understanding is correct, CPR 31.14 provides the right to inspect the class(es) of documents specified in 31.14.

 

 

In the event the party wishes to exercise that right, he is required to serve a notice under CPR 31.15 and the party in possession of the document is required to permit that inspection within 7 days of that notice being served on him.

 

 

Following inspection, if the inspecting party wishes to have a copy of the document he has inspected and providing he gives an undertaking to pay the reasonable costs of that, the party in possession of the document must furnish that copy within 7 days of the request for a copy.

 

Have I got this right?

 

To put some flesh on the bone:

I received the following letter from a solicitor firm

 

---------------------

We are instructed to prepare a defence on behalf of our client.

For the purposes of that defence and understanding the case our client is required to meet, we require copies of the documents referred to in your Particulars of Claim (”POC”).

We are entitled to disclosure of those documents at this stage pursuant to CPR part

31.14.

Please provide us with copies of the following within the next7 days

 

There then followed a list of the documents mentioned in the POC.

 

And the final paragraph was:

 

We look forward to receiving the documents within the next 7 days.

in default, we reserve the right to make an application to the Court for an Order against you.

 

 

In the event of such an application becoming necessary a request for an order for costs in favour of our client will be made.

 

--------------------------------

 

My contention - and I may be wrong about that, which is why I am here, is that a notice to inspect is the first step, I must allow that inspection within 7 days of receiving that notice.

 

Following inspection, I must be told what documents the inspector requires a copy of, and provided the inspector furnishes me with a an undertaking to pay my reasonable costs of copying (which includes my time doing it), I must furnish those copies within 7 days of receiving the request for the copy and the undertaking.

 

The above solicitor's letter seems to have short circuited all of that.

 

I would be very happyy for any comments!

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its only a request its not legally binding.

you don't [nor does anyone] HAVE to comply to a CPR request...

 

whats the case all about please


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Dear dx100uk

 

Claim for Breach of contract and claim pursuant to Consumer Protection from Unfair Trading Regulations

2008 (SI 2008/1277), as amended by The Consumer Protection (Amendment)Regulations 2014 (SI

2014/870).

 

Whilst I thank you for your comment, I am fairly certain that all parties are expected to comply with the Civil Procedure Rules. - Perhaps I have misunderstood your comment.

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expected not compelled..

 

so a charges reclaim?

 

documents will be revealed at the disclose [WS] stage if the claim gets that far..


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Has the case been allocated to a track?

What track do you expect it to be allocated to?

Did you refer to documents in your PoC? If so, it isn’t unreasonable for the D to have sight of them : would you expect the D to have those documents already?.

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All of the documents demanded were either documents D sent to me or I sent to D, before proceedings issued. D has not served a defence, nor replied to the LBC - Case is presently "trackless".

 

However, the clarity I seek is whether it is open to D's solicitor to demand I copy them to him, or is his right limited only to inspection, and only after he serves a notice to inspect under 31.15

 

----

31.15 Where a party has a right to inspect a document–

(a) that party must give the party who disclosed the document written notice of his wish to inspect it;

(b) the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

© that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

Edited by Kleftis
for clarity

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you don't have to do anything till the disclosure stage if you don't want too.

 

typically as with all claims here already

if a defendant sends a 31:14 it goes to the claimants solicitors [or the claimant if they don't have one]

 

if you as the claimant wish to reply, then you reply to the defendant solicitors

but as said under cpr you are not compelled to do anything, CPR is a REQUEST.

 

and they have yet to file any defence anyway.


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What is a rough value of the claim then we can advise under the probable track...if SCT then pre defence disclosure is minimal.If Fast Track then CPR 31.14 comes more into play.

 

CPR 31.15 is rarely used and is judged as pre defence tactic when normally there is not a valid defence to offer.

 

If they wish to go to expense of submitting applications to order pre disclosure before a defence then they do so at their own risk and cost...but most courts wont normally entertain.


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The claim is a money claim for less than £5000, so it is likely to be allocated to the small claims track. If the matter goes to trial, I will be making an application for my costs at the LIP rate because the defendant has behaved unreasonably. The threat to seek an Order if I do not comply with the demand for copies of documents, when the formalities per CPR 31.15 have not been observed with is, in my view an(other) example of unreasonable conduct.

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CPR 31. does not apply to Small Claims Track.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

 

Scope of this Part

31.1

 

(1) This Part sets out rules about the disclosure and inspection of documents.

 

(2) This Part applies to all claims except a claim on the small claims track.


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True - but at present, the claim is "trackless" as the defendant has not filed a defence, yet

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No such thing as trackless...its treated as assumed track.......5K will always be 5K...Small Claims Track


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Having thought about it for a while, as no track is yet allocated 31.4 and 31.15 seems to me to be in play.

 

If that is right, then my query is:

- Does the defendant's solicitor, have the right to demand that I send him documents, a demand that he has made, without,

a) serving a notice to inspect, and

b) following that inspection, stating he wishes to have a copy of each document inspected, and on his undertaking to pay the reasonable cost of copying, must I then, and only then, make and give him those copies?

 

Thanks to everyone who has taken the trouble to post up their comments - much appreciated.

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nope its a request..not compulsory...


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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