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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a question regarding the n265 document disclosure

Resolved Question:

Hello,I have a question regarding the n265 document disclosure form. Am I by law required to disclose every single document that has to do with my case? (I am the claimant)Will I be liable for withholding a document which could be damaging to my case?With thanks
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

Is it just completing form N265 you are completing at this stage?
Alex

Customer: replied 1 year ago.
Hi Alex, I am completing the form, I have until next month to complete and file.I read somewhere that signing this form is like taking and oath. I have one or two documents that will might work against my case. Do I have to disclose every single e-mail and document relating to the case?
Expert:  Ash replied 1 year ago.

This is a disclosure LIST, so you dont have to send every document at this stage.

But you need to have on the disclosure list:

1) the documents on which he relies; and

2) documents which adversely affect his own case;

3) documents which adversely affect another party’s case; or

4) support another party’s case

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

Customer: replied 1 year ago.
Hi Alex, I understand, but I have to disclose on the list what I will send to the court for the trial, correct?According to what you have sent to me, I understand it as such:By 'he' do you mean , the defendant?If so,1) The defendant relies on the contract that we signed, so that should be it I take it.
he hasn't made any other claims other than what the contract states.2)These will be the evidents I have against the defendant?I hope you don't mind explaining parts 3&4 with a short example?
I don't understand the term 'another party', what party would that be?At this point there are two parties, my self as the claimant and the company as the defendantWith thanks
Expert:  Ash replied 1 year ago.

No. You send the disclosure list to the other side and the Court.

You only actually physically disclose documents which you are going to rely on in Court and to the other side. This will usually be in the form of witness statement with exhibits.

He - means the other side.

1) yes if its a contract claim this is a disclosebale document

2) If YOU have documents which are harmful to your case or help the other side then these are discloseable documents as well.

But at this stage you only provide a list of documents - nothing more.

Does that clarify?
Alex

Customer: replied 1 year ago.
Thank you Alex,So 3 and 4 do not apply?So from what you said, I understand that , I only disclose the list of documents available , but I do not HAVE to use all of them as exhibits on my witness statement?Of course the other side can request the documents that are harmful to me, correct?Also , what about my evidents against the defendant. I have documents which are harmful to their case, I am not supposed to include this on the n265 form?apologies for all the questions, I am new to this
Expert:  Ash replied 1 year ago.

Correct you do not have to have them, its up to you.

You can request documents from the other side too.

Evidence you have you dont send them at this stage, you just LIST what you have.

Does that clarify?
Alex

Customer: replied 1 year ago.
Thank you Alex,One small thing about the form,For the electronic documents:under 'documents contained on or created by the defendant/claimant'where I suppose to state the devices I didn't look into (PCs , Databases, etc.) I would like to ask,
all document disclosed on this list are on my laptop.On that section , do I leave the box 'Laptops' unchecked, as I looked into my laptop in order to find the said documents?
Expert:  Ash replied 1 year ago.

Correct - thats because you only tick items you DIDN'T search.

Does that clarify?
Alex

Customer: replied 1 year ago.
I take it the list does not have to be divided on the sections of what the 31.6 rule states which are (copied from justice.gov.uk):Standard disclosure requires a party to disclose only–(a) the documents on which he relies; and(b) the documents which –(i) adversely affect his own case;(ii) adversely affect another party’s case; or(iii) support another party’s case; and(c) the documents which he is required to disclose by a relevant practice direction.______________________________________________________________________Can I send the documents listed as one list without clarifying that
say Documents 'so and so' are supporting the defendant's case etc.?That's my final answer. thank you for your help Alex
Expert:  Ash replied 1 year ago.

No - you just list them. You dont need to separate into categories like above.

Does that clarify?
Alex

Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Wonderful,Alex, you have been really helpful!Have a good day , and thank you again!
Expert:  Ash replied 1 year ago.

And you. Alex