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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Disclosure in Fast track case. I am claimant in the fast

Resolved Question:

Disclosure in Fast track case.
I am claimant in the fast track case against mechanic. I received an order to disclose copies of documents to the court and other party.
1. Do I need to send to defendant documents which I have already disclosed?
2. Do I need to include correspondence with the court?
Thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

Disclosure is by list, so you only send to the Defendant/Court a list of documents.

Then if the Defendant wants to inspect any of those documents, they will ask it.

But you only need list disclosable documents which assist your case, assist the Defendants case.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
Thank you for your answer, this is what i was expecting: to send a list of disclosure but I have received an order from the court which states:
"1. the claim is allocated to fast track
2. there be disclosure of documents by way of copies by 4 pm on 02 Junee
3. there be exchange of witness statement by 4 pm on..
4.Prie trial checklist to be filed..."I am little bit confused, we went to the hearing and I made notes but this is what the Judge said, I think he missed a bit when we request copies.You said: "But you only need list disclosable documents which assist your case, assist the Defendants case"
Should I put on my list all the documents from court, I definitely don't see the points to send it to the court or defendant as they would have the same but I did email court several times, and I don't know if emails or letters to/from court should be on my list?Thank you
Expert:  Ash replied 1 year ago.

No you don't need to put those as they do not support or undermine your case.

Does that clarify?

Alex

Customer: replied 1 year ago.
The second question is clear for me now, thank you.
But what do you think about pkt 2 from the order, does it say I need to send a list of disclosure by 2 of June or copies of all documents?
Expert:  Ash replied 1 year ago.

Disclosure by list only generally. Copies are for INSPECTION only.

Then you exchange statements.

Does that clarify?
Alex

Customer: replied 1 year ago.
I just need to send list of documents by 2 June and if the other side wants to see any of the documents from the list they will request copy of it?
am I right?
Expert:  Ash replied 1 year ago.

Correct.

Alex

Expert:  Ash replied 1 year ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi again,could you please also advise me should I send Form N265 or just the list of the documents?
Regards