Yes, I am the defendant. I am not sure what you mean by trial index?
We have a 'timetable' as such which was sent out in March of this year, which gave Notice of Allocation to the Fast Track. We have attempted to discuss the dispute but cannot agree.
Item number 7 of the Notice of Allocation stated that:
Not less than 3 working days before the trial, the Claimant shall file at Court an indexed and paginated bundle of documents which complies with the requirements of Rule 39.5 of the Civil Procedure rules, and the practice direction thereto, and shall serve a copy of it on the Defendant. The parties shall endeavour to agree the contents of the bundle before it is filed. The bundle shall include a case summary of not more than 250 words and a statement of the issues to be decided by the court.
My question is, as the Claimant has not complied with this, will the case be struck out? All we have ever received from him was his witness statement, and we sent him ours, back in June. I am just reluctant to tell the Court that we have not received the information from him as last time we pointed out that he had missed a deadline for paying his fee and returning forms, they gave him extra time to do so. My understanding from the direction is that he should have sent us his bundle by last week latest to give us time to discuss, and then to file it with the Court by today (3 working days) if we could not agree a solution. Please can you advise?
OK, but what is the point in giving the direction in the first place? Presumably the point of giving this direction is to clarify the points of issue and for us to have an opportunity to respond prior to the trial? Is it not frowned upon that the Claimant has not complied with the Directions?