Court papers and CPR 31.14 non compliance

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

but if it were to be struck out does that mean that they can never bring it up again?

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

yep, bang on

if we dont apply for a strike out the claim can be stayed and resurrected later

we will have been shown to be more than reasonable by allowing the 28 day extension

we go for the strike out application in 2 weeks

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Thanks - that sounds good to me!! In 2 weeks should I start a new thread or carry on with this one?

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

carry on with this one

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Wait 7 days then phone and ask about compliance. Don't leave it to the last minute !

M1

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

ill have the papers ready in seven days for you, lets strike while the iron is hot

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Hi M1. It's now 7 days since AG's solicitors agreed 28 day extn to 5 Dec 2012. Court advised and copied emails on 5 Nov. I've still received/heard nothing about progress of my CPR31.14 request apart from phone conversation with them on 2 Nov when they advised that docs. had been requested from their clients but they could give no indication of when they'd be ready (my CPR21.14 request was sent Rec. Delivery 20 Oct.)
What exactly should I ask them now?
Also just reminded Militant for his promised papers.
Many thanks to you both for holding and guiding my hand.

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

Hi Militant.
Copy of post to M1 re his recommendation to phone and chase - I want to include you both in posts. How can I do that?
"Hi M1. It's now 7 days since AG's solicitors agreed 28 day extn to 5 Dec 2012. Court advised and copied emails on 5 Nov. I've still received/heard nothing about progress of my CPR31.14 request apart from phone conversation with them on 2 Nov when they advised that docs. had been requested from their clients but they could give no indication of when they'd be ready (my CPR21.14 request was sent Rec. Delivery 20 Oct.)
What exactly should I ask them now?
Also just reminded Militant for his promised papers.
Many thanks to you both for holding and guiding my hand."

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

ok then

we go for a strike out

are you on benefits or this will cost £80

you will get that back though when the claim is thrown out

or

we do the strike out application at the allocation questionnaire stage, provided the claim is not stayed

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Phone them and ask for the claims handler. Ask when you can expect disclosure. If they don't know tell them that you'll give them 3 days and then you will apply for an order compelling disclosure from the courts and seek the costs in doing so.

You could also remind them of the appeal court ruling http://www.bailii.org/ew/cases/EWCA/Civ/2008/59.html @ para 24

"The second matter is that, subject to my first comment, the expression "mentioned" is as general as could be. This is not to my mind intended to be a difficult test. The document in question does not have to be relied on, or referred to in any particular way or for any particular purpose, in order to be mentioned. Subject to Mr Lightman's second point, that the mention of a document within CPR 31.14 amounts to automatic and absolute waiver of privilege in it, which if correct would give to that rule a most important effect, I do not see why there should be need for a strict approach to a request for inspection of a specific document mentioned in one of the qualifying documents. The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared t o be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness?"


If they don't do what you want you apply for an unless order.

M1

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

many thanks M1

[mystery1]

Re: Court papers and CPR 31.14 non comppliance

Copy of post to M1 re his recommendation to phone and chase - I want to include you both in posts.

I subscribe to threads like these when i become involved. I automatically get an email when a post is made so anything you post i get a copy.

I am no professional but i am pretty well researched (but no means perfect). I work long days sometimes so not always around but it'd be unlikely i'd be away for any great number of days and there are others who can help.

Having been stuck on a claim personally i know it's scary when you don't know so i try to help where i can.

M1

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

OK thanks. Will ring tomorrow morning as they'll have finished for today by now. I'll tell them that unless I have the papers by Monday morning's post I will apply for an order compelling disclosure from the courts and seek the costs in doing so. I'll report back.
Thanks again both.

[ruthles112]

Re: Court papers and CPR 31.14 non comppliance

I take it this doesn't contradict M1s advice to phone and give them 3 days or else? and No I'm not on benefits. What do you mean by claim being 'stayed'?

[miliitant]

Re: Court papers and CPR 31.14 non comppliance

OK thanks. Will ring tomorrow morning as they'll have finished for today by now. I'll tell them that unless I have the papers by Monday morning's post I will apply for an order compelling disclosure from the courts and seek the costs in doing so. I'll report back.
Thanks again both.

send that by email tonight and follow up with a phone call, we need a paper trail

the claim will not be stayed as we are now doing an application to strike out for non disclosure