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Disclosure, Mediation, Non compliance with Judges Orders


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I as the Claimant received back in July an order from the Judge with directions (which I would assume the Defendant also received). The order had three main points on it, 1. That Disclosure by List was done by the 4pm 15 August 2012, 2. That any request was received by the other side by the 4pm 29 August 2012. 3. That all parties attempt mediation, that any request made by a party must if declining mediation be received within 21 days of that request.

 

I filed my disclosure by 15 August 2012, the Defendant hasn't, I requested mediation on the 6 August 2012 the Defendant hasn't responded.

 

I wrote to the Defendant requesting that they file the disclosure within 7 days, they failed to do that.

 

Today, at 5:35pm I received a telephone call with a request to email me a letter, I received that request which confirmed that they wanted to see all my documents that I listed on the disclosure list.

 

So my question is what recommendations or comments does anyone have with this total disregard for CPR and the Judges Orders.

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  • 2 weeks later...

I have received a document from the Defendant after the judge ordered that they must disclose. They have sent the Disclosure by List form and stated that the list is attached, the attached list is one page, doesn't have a statement of truth and is obvious that they haven't sent the entire document.

 

I emailed back saying pages are missing, I called spoke to the secretary and said the same, then the solicitor called me back and I told him this and he said I would get it in the post. The next day it arrived, again the same document that was emailed with pieces missing etc etc.

 

The order stated that they have to file by 10 Sept or I can ask for judgement - so my question is do I go back to the court? Can I ask for judgement?

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