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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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my former business partner is taking me to the small claims

Resolved Question:

my former business partner is taking me to the small claims court over £10,000 that he said we lost last year. however he has not produced proper accounts. under advise from my solicitors i have submitted a "REQUEST FOR FURTHER INFORMATION UNDER CPR PART 18"
asking for accounts not only for last year but the two years previously - he has replied that he will not provide that information - how can i get a court order to enforce the request?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Just so that I am clear, the matter has been to Court and you lost? Were you aware of the proceedings please?

Customer:

nope - the matter is going to court - i have had a summons and submitted my defence - i also sent a


REQUEST FOR FURTHER INFORMATION UNDER CPR PART 18

Customer:

but i've had a reply that he does not want to answer this

Customer:

as this relates to seeing the accounts for the business of which i was a partner can i apply for a court order to enforce it?

Alex Watts :

Has the matter been allocated to track please?

Customer:

i have read (online) that this is not relevant for small claims?

Customer:

yes allocated to track

Alex Watts :

I just wanted to check.

Alex Watts :

In that case you need to apply to the Court using form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

That the Defendant reply and/or answer this.

Alex Watts :

So yes you can apply to the Court for an Order

Alex Watts :

The Court will set the matter down for a hearing and you can ask for costs of the application

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

what do i put into

Customer:

"what order are you asking the court to make and why?"

Alex Watts :

You want the partner to answer the questions

Alex Watts :

Under Part 18

Customer:

question 4 - answer is the request

Alex Watts :

If at least 14 days has gone by you can apply to Court.

Customer:

5 - do i want it delay with without a hearing?

Customer:

and how to answer questions 8 & 10?

Alex Watts :

5 - you must have a hearing, you can tick without but the Court will list it

Alex Watts :

8 - District Judge

Alex Watts :

10 - evidence below

Alex Watts :

You say when you ask for the information that 14 days has elapsed and any response you have had

Alex Watts :

That's it

Alex Watts :

Does that help?

Customer:

so i just fill out the form and send it of - are there any fees to pay?

Customer:

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-notes-eng.pdf is this the right notes?

Alex Watts :

Fee is £50 without hearing and £155 with hearing

Alex Watts :

Does that clarify?

Alex Watts :

Yes notes are correct

Customer:

any more information i need or just fill it out, send it of, with a cheque and sit back and see?

Alex Watts :

Just fill it out and see if the Court lists it for a hearing, which in all honestly is likely

Alex Watts :

Can I help further with this at all?



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