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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have issued a claim in the RCJ, and I am at the stage

Resolved Question:

Hello,
I have issued a claim in the RCJ, and I am at the stage where I have tried to agree draft directions with the defendants. i sent them an N263 form which listed all the documents that I would like them to disclose. They have always refused to show me the deeds of the land and bank letters and statements, and now they have failed to confirm if they will disclose these documents in time for me to complete my N181 form. The defendants are lying about ownership of the asset, and they do not have the paperwork to back up their claims, unless they produce fake ones.
The defendants are going to try and strike out my claim before or at the CMC, because I had made a mess of my POC, and I had signed a settlement deed (that offered no money) where I would not sue them again. I signed because they had verbally promised to pay in the early part on 2014, but didn't.
I went to see the duty master yesterday and he said that I should request an order for the court to request that the defendants disclose these documents on the N181 form. My question is will the judge think it strange the documents have never been disclosed to me before and raise an order, or will they just strike it out. Will the request for disclosed docs strengthen my case and make the defendants engage properly in mediation.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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

What would you like to know about this please?

Customer: replied 1 year ago.
I am trying to set aside a settlement deed on the grounds of misprepersation. Will asking for the documents that I know they the defendants cant produce strengthen my case from being struck out, or will the judge just strike it out because of the settlement deed that I signed that had a cause in it saying that I was not allowed to sue again.
Expert:  Ash replied 1 year ago.

No - you are entitled to ask for Disclosure at any time, even before it has been Ordered.

Therefore even though its at CMC stage you can ask for Disclosure.

No, the Judge wont think its strange, it happens all the time.

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

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