Express Solicitors @ExpressSols- Breach of Contract, court summons *** Claim Dismissed - with costs!!!***

[AndyOrch]

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

[AndyOrch]

I would still utilise CPR 31 irrespective.....until allocation the claim is trackless and can be referred to within a defence which subsequently applies pressure on the court to direct that disclosure in standard disclosure.

 

Under CPR rule 31.12, the Court may make an order pre allocation. for specific disclosure or inspection requiring a party to: • disclose documents or classes of documents specified in the order; • carry out a search to the extent stated in the order; • disclose any documents located in the search.

 

Alternatively possibly consider CPR 18...Under CPR rule 18.1, the court may at any time order a party to clarify any matter which is in dispute in the proceedings or give additional information in relation to any such matter whether or not the matter is contained or referred to in a statement of case by filing and serving a response within the time specified by the court.

 

The response must be verified by a statement of truth (CPR rule 22.1(1)(b)). CPR rule 18 does not apply to small claims (CPR 27.2(1)(f)), but in a small claim the Court of its own initiative may order a party to provide further information if it considers it appropriate to do so (CPR 27.2(3)). CPR rule 18.1 is subject to CPR 53.3, which protects the identity of the defendant’s sources of information in defamation claims, unless the court orders otherwise.

 

Andy

[AndyOrch]

Ive not read the finer details of the claim or intended defence...simply posting on how to utilise CPR 31./CPR 18 

[AndyOrch]

Notice of Allocation (N157)assuming by the above you mean you have submitted your Directions Questionnaire (N180).

 

The notice of allocation will list the directions what you and the claimant must do in preparation for the hearing...claimant must pay the hearing fee and both parties must file and serve their witness statements and evidence simultaneously by the date stated.

 

Andy

[AndyOrch]

Well obviously you have filed a defence otherwise you wouldn't have filed a Directions Questionnaire and the claimant would have attained a default judgment by now......preparing a witness statement is completely different to filling a defence....post when you receive the Notice of Allocation and I will run through it with you.

[AndyOrch]

Topic open

[AndyOrch]

Notice of Allocation N157 with standard directions...you must prepare a witness statement in support of your defence with evidence  ( numbered exhibits )attached to your statement. You must file and serve by the dates outlined in the Directions.

 

Andy

[AndyOrch]

Post a copy of your statement here (in PDF and redacted) before submitting.

 

Andy