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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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We have a commercial dispute with a company, and there

Customer Question

Hi
We have a commercial dispute with a company, and there is a trial date set for this Thursday. According to the Court, we were to receive a 'paginated bundle' from the claimant at least 3 working days before the trial date. That would be today, but we have not received anything. I am reluctant to ask the Court, as last time the Claimant missed the deadline to pay his fee, they gave him two weeks extra time. If he does not submit his paperwork, should it mean that his case is struck out?
Many thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Are you the defendant? Did you have the trial index?
Customer: replied 1 year ago.

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?

Thank you

Expert:  Ash replied 1 year ago.
Will the case be struck out. No, not unless there was an unless order. That is unless the bundle is delivered the claim shall be struck out,
It should have been delivered but the fact it is not does not mean it can automatically be struck out.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

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?

Thank you

Expert:  Ash replied 1 year ago.
If it was an unless order then it would be different. You will be able to prepare for trial and if not because of the late delivery of bundle then you can ask for an adjournment
But you should already have their statements and exhibits so you know what the case is,
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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