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Hello my name is ***** ***** I will help you with this.
Just to be clear you have a Court order requiring disclosure of named documents or does it just say documents within his control?
Hi Alex,Document within his control
I have spoke to you previously about this case, albeit you probably won't remember it.
The defendants have completed many jobs, I know of over 30, which they have failed to disclose any details on. Their solicitor is aware of this since I served him copies of all the documents in the committal papers.
Ok - so you want to know what offence he is committing? Contempt of Court, but that is it
There may be some regulatory offences to do with their professional body.
You could contact the SRA about that: www.sra.org.uk
They can investigate to see if there have been any breaches of Court rules
Of course to stop them using the files you would need an injunction to stop this.
O.K. He also states that whilst they want copies of all the documents I hold he is not prepared to go through the committal documents, but he wan't to return the documents to me for me to itemise them and give them back to them to save them copying costs under the disclosure. I have refused and said, that they should advise me what they want copies of and be prepared to pay a reasonable sum (I suggested 35p plus vat - he says 25p plus vat???) He says I am not being reasonable as it would take his clients ages to go through the documents and that he is going to refer it back to the court. I havebasically told him to go do that as he would have to have his stay lifted first. Am I right in my actions.
Yes I agree
I already have an injunction to stop them using the files - he is aware of this - yet they are continuing to do so - and he is aware of that - he prepared their defence which says that they have no intention of ceasing to use the items or the information they obtained. I got the injunction on 1st August yet they have produced 12 letters to me showing they havecontinued to breach it. But since they have ea stay the court has done nothing with regards ***** ***** committal.
Thank you for agreeing, at least I know I am not being unreasonable
Ok - well if you are issuing committal proceedings for breach of the injunction then D is going to be in bother!
Can I clarify anything for you about this today please?
I have applied to the court for the stay to be lifted do you think they will do this under the circumstances
The Court can yes.
If you dont think it is going to get you anywhere
thank you. Have a good day
And you. Please remember to rate as always
will do xxx