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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I am currently being sued by my former employer. They have

Resolved Question:

I am currently being sued by my former employer. They have sent me a N265 document - question is, is this for me to disclose documents I have or to ask them to disclose documents I want? Also, does this have to be agreed prior to the Case Management Meeting (the Claimant is asking me to do so). Thanks
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Has the matter been allocated to track yet please?
Customer:

I am not sure what you mean - I have had a notice of a case management meeting?

Alex Watts : Ok. Have been directions given in the case, ie the judge setting out a timetable?
Customer:

I believe so - I have not had anything yet other than a notice to attend the cmm

Alex Watts : Ok. You need to check any court orders.
Alex Watts : If there has been no order for disclosure yet then you don't need to.
Alex Watts : If the court has now ordered disclosure you need to complete form n265 and send it to the other side.
Alex Watts : You need to list documents that support your case and substantially undermine it.
Alex Watts : Any solicitor to client letters etc you still need to list, but object to inspection on the basis they are privileged.
Alex Watts : But check the court orders, you only need disclosure by the time the court has ordered it.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

No - thanks for that

Alex Watts :

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Customer:

This is an adjunct to a previous question I asked. The claimant's lawyer has sent me a letter along with a blank N265 form. He states in his letter that '...The Civil Procedure Rules provide that parties are obliged to discuss (by telephone or at a meeting) and seek to agree a proposal for disclosure that meets the overriding objective. This must be done not less 7 days before the first CMM....".

Customer:

My question is what is to be agreed and do I have to do anything prior to the CMM? I am not sure what they want me to do or to agree to??

Alex Watts :

You dont have to do ANYTHING before a CMM unless you have been ordered to by the Court

Alex Watts :

Does this help?

Customer:

Many thanks for that Alex - cleared things up

Alex Watts :

Please remember to leave feedback before you go - thanks

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