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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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I have a general judgement order but wasnt given any information

Resolved Question:

I have a general judgement order but wasn't given any information on how to defend when the original application was served. It is for disclosure of documents which I believe are my personal information.
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is***** and I'm happy to help with your question today. I need to ask you some preliminary questions to be able to help you.
-Could you explain your situation a little more?
Customer: replied 3 years ago.

I own several properties jointly with another party, I manage 4 cottages and 1 multi occupied property is managed by my sister. Unfortunately there has been a family breakdown over the last 10 years and all we have done at the end of each financial year is supply expenditure figure to an accountant who compiled income and expenditure accounts to include on our self assessment.

However, she now is demanding disclosure of my personal back up information including bank statements and invoices for last 6 years although she has not provided the same for her property.

A general form of Judgement was received ordering that I disclose the above information and states I must pay the £70 costs of the application.

Expert:  Alice H replied 3 years ago.
OK.
Did you oppose the application for disclosure before the order was made?
Customer: replied 3 years ago.
No I was on holiday and when I read the application on my return and there was nothing attached to the order giving me information on responding.
Can I apply now to have the order put aside?
What authority does the court have for ordering me to provide personal bank statements and invoices belonging to me for my properties.
What Happens if the general judgement order is ignored? There is no detail as to whom the information should be disclosed to or where.
FAO Alex Hughes
Expert:  Alice H replied 3 years ago.
Good morning
This appears to be a pre-action disclosure application for information.
Your sister has asked the court to order that you disclose your personal bank statements and invoices presumably because she is contemplating litigation against you.
The court has power under the Civil Procedure Rules to order you to discloses this information so long as the requisite steps have been met.
First your sister or her solicitor should have written to you setting out the basis of any claim she has and request disclosure of the information she seeks.
Secondly if you fail to comply with that initial request she can make an application to the court which you could oppose. She would have to demonstrate that you will be a party to the proceedings and disclosure of the material will help to identify the issues and settle matters sooner.
If you did not receive the initial application and the matter was heard in your absence you can appeal the order on the grounds that it is wrong in law or fact. But you cannot appeal on the basis that court does not have power to order disclosure of personal information - it does have such power.
Ignoring the order could amount to contempt of court which carries sanctions such as a fine and/or imprisonment.
Alex
Customer: replied 3 years ago.
How do I appeal the order do I need to consult a solicitor or can I submit a notice through the county court myself.
Expert:  Alice H replied 3 years ago.
Unless your have experience in these matters it would be advisable to instruct a solicitor.
You can get a list of local solicitors who specialise in this type of work from the Law Society on 0207(###) ###-####
Alice H and other Law Specialists are ready to help you