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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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The defendant and I have exchanged documents list and

Customer Question

The defendant and I have exchanged documents list and requested copies/originals in line with the courts directions. I note that the defendant has failed to supply some documents in their list and heavily redacted others. I want to confirm that if they have failed to supply requested copies then it would be inadmissible if produced in the pre-hearing bundle and that redacting a document too greatly equally makes it inadmissible. Do I need to notify the defendant/court of this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Not quite - you need to apply to the Court for an order for specific disclosure. If you have asked for items, they have not been produced or redacted unnecessarily.You would need to complete form N244:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdfThe Court will list the matter for hearing and decide whether to grant the order. If they dont then the defence can be struck out.Can I clarify anything for you about this today please?Alex
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Customer: replied 1 year ago.
Hi! So, I apply for an order to disclose and not to confirm inadmissibility. I am happy for the documents not to be disclosed?
Expert:  Ash replied 1 year ago.
Well they can be used, you just contest their use at trial. But you need to apply for specific disclosure or the defence is struck out.Does that help?Alex