CharlesBrandon
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As the Claimants in this case completely messed up the trial bundle, to the point the trial couldnt go ahead, we (defendants) have been ordered to make a bundle of our own documents, and the Claimants are to re-do theirs. I am having difficulty figuring our how to paginate out witness statements, which will be at the end. We obviously used page numbers when we first wrote them, but now the page numbers wont work with the trial bundle so we are unsure how to proceed. Thank you
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Apologies if this should have bee added to a former post, I was unsure if I should start a new thread or continue from one that wasn't quite related in topic. I have a query about the trial bundle, we (me and my partner) are the defendants, the claimants have been ordered to file the bundle. They have messed pretty much every step up so far so we are not confident they will get this right. If they do not get it right, could the trial be delayed? It is a fast track case and been given a time estimate of 1 day. Regarding the bundle: Are the documents each party have exhibited in their witness evidence what should be in the trial bundle? Can other documents that were disclosed but not referenced in witness evidence also be included? The claimants in our case messed up and didn't supply their exhibits until the judge at at an interim hearing gave an unless order, we only got the exhibits 3 days ago and the trial is on 19 Jan so there is not time to apply to do a supplemental witness statement. A couple of other queries: The Claimants have still not supplied a copy of one of the documents they exhibit. They have been obstructive since disclosure, we have requested this document no less than 5 times, and have never been sent one. Now they have left it out again. The order stated that unless they supplied it, they would not be able to rely on it in court. How do I inform the courts that this was not supplied? By letter now, or at the trial? The claimants have included several documents exhibits, emails and photographs, that they did not disclose during standard disclosure. Can they do this? Can documents not exhibited in the witness evidence be referred to during cross examination? Many thanks
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I think it may be an interim injunction application, as they asked for one at a past hearing expecting the judge to grant one there and then. They applied 'without a hearing' but the judge must have thought it needed one as it went to listings. They haven't paid for a hearing yet, the hearing slot is reserved but I won't get any info on it until they pay which is very annoying. I think it may be tactical on their part to reduce the amount of time I have to prepare. Would I ask at their hearing to have my application heard, or is that something I should be asking for before the hearing? I also think te application may be something to do with their witness statements orderd for simultaneous exchange on 25 Nov. I sent mine on time, but still have nothing from them. I just don't understand it.
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I'm sorry, I hadnt seen these new answers. I got these new documents from the other party, some through disclosure and some through me saying I would apply for specific disclosure if they didn't send others they hadnt disclosed. I have now disclosed the new ones. Might be a silly question, do I have to disclose docs the other party disclosed if I want to use them? Another query; the other party have made an interim application. A hearing date for 23 Dec has been set, we don't know what the application was yet just got the date when I called. I made my application for summary judgement in October, and the hearing is 19 Jan. It doesn't seem right that their application put in after mine is being heard before mine. Will I be able to get the court to switch these do that my application is heard first?
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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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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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Apologies, I had not seen your response. Thank you again.
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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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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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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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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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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 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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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 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
