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Rogue Customer with hidden intent,

Re: Rogue Customer with hidden intent,

Postby Mattie » Tue Dec 13, 2016 11:12 pm

Im in the office still doing paperwork, and just received an email from the Plaintiff stating that "it is their understanding that they do not have to disclose any evidence that they will be relying on and will present what they have to the court" Is that correct?

We could really do without all the faffing around of this action that we are forced to defend. Nothing has ever been simple or streight forward, no matter how hard we have tried to resolve the matter. :(

Thanks all for the guidance,much appreciated.
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Re: Rogue Customer with hidden intent,

Postby Mattie » Tue Dec 13, 2016 11:18 pm

atticus wrote:Read CPR 35 on the requirements the Court rules impose on expert witnesses.
Thank you. . Very helpful and easy to understand. :D
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Re: Rogue Customer with hidden intent,

Postby atticus » Wed Dec 14, 2016 7:10 am

If a court claim is issued, there will be an order for disclosure of documents.

See CPR 27.4.3 for small claims cases and CPR 31 for other cases.
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Re: Rogue Customer with hidden intent,

Postby diy » Wed Dec 14, 2016 10:02 am

Is it in the Op's interest to inform the other side of these things or raise it on the day? If the other side haven't disclosed or are relying on an expert who's evidence isn't admissible would the court adjourn or carry on without these "facts"?
My suggestions are not legal advice
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Re: Rogue Customer with hidden intent,

Postby atticus » Wed Dec 14, 2016 10:14 am

The Court will expect both parties to comply with procedural orders at the first time of asking. A party would be unwise to expect that there may be a second chance.

To help the Court take a hard line, the OP should make written requests for compliance, warning that the letters will be shown to the Judge.
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Re: Rogue Customer with hidden intent,

Postby dls » Wed Dec 14, 2016 1:56 pm

"it is their understanding that they do not have to disclose any evidence that they will be relying on and will present what they have to the court" Is that correct?


It may be correct that that is their understanding, but as an explanation of their obligations - no. See Atti's directions
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Re: Rogue Customer with hidden intent,

Postby Mattie » Wed Dec 14, 2016 4:48 pm

What would a court expect someone to write in a letter, during a Pre-action period, served under part 18 of the practice directions where a case number and court address is necessary for the document to be considered acceptable by the court?

1.6 (a) https://www.justice.gov.uk/courts/proce ... /pd_part18
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Re: Rogue Customer with hidden intent,

Postby atticus » Wed Dec 14, 2016 4:57 pm

You are not looking at a rule that applies pre-action.

If you need clarification of a pre-action claim letter, then you should ask questions the answers to which will enable you to understand all facts and matters said to give rise to a claim against you and the sums claimed.
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Re: Rogue Customer with hidden intent,

Postby Mattie » Wed Dec 14, 2016 5:13 pm

Oh right. My head hurts - been in those pages all bloody day trying to figure what must be done.. lol

Thank you all for the input.
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Re: Rogue Customer with hidden intent,

Postby Mattie » Sun Dec 18, 2016 9:00 am

While at Pre Court Action stage, is there any guidelines that should be followed with regards to a plaintiff sending the defendants response to an expert witnessfor their response the defendants comments ?

We are currently following the Civil procedure rules as a guideline to the correct procedure to follow but unsure if we are doing the right thing.

Thanks in advance,
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