CPR 31.14

[jk2054]

Hi,

This may be the wrong place for a thread BUT

If you receive a defence, can you send a CPR 31.14 request for document mentioned in the defence, and then apply to proceed with the case only after (14) days passed or they respond

OR is it only if you receive a claim

I see @dx100uk thread is for when you receive a claim, but can you also do the same when you receive a defence?

[lolerz]

Personally I would say yes, you can submit a CPR 31.14 request.


 

Quote

 

Documents referred to in statements of case etc.
31.14

(1) A party may inspect a document mentioned in –

(a) a statement of case;

(b) a witness statement;

(c) a witness summary; or

(d) an affidavit(GL).

(e) Revoked.

(2) Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)

 

The wording just mentions "A party", it doesn't mention that the defendant only specifically.

Submit a request to the other party and see what happens.

[AndyOrch]

No......CPR 31.14 does not technically apply to Small Claims Track anyway

Reply to defence and defence to counterclaim

15.8  If a claimant files a reply to the defence—

(a)the claimant must—

(i)file the reply with a directions questionnaire; and

(ii)serve the reply on the other parties at the same time as it is filed; and

(b)the reply should form one document with any defence to counterclaim, with the defence to counterclaim following the reply, unless the dates on which they are due to be filed differ from one another.

[jk2054]

Yea but its not reached a track yet because i havent clicked the "Proceed" button and theres no track until it reaches a directions order

[AndyOrch]

Still not applicable to a defence irrespective of allocation

[jk2054]

Ok thank you

Edited April 24 by jk2054

[AndyOrch]

Try CPR 31.15 Possibly but a party is not compelled to disclose any documents pre allocation

[jk2054]

alright