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Ben Jones
Ben Jones, UK Lawyer
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How do I get the small claims court to order the plaintiff

Resolved Question:

How do I get the small claims court to order the plaintiff to disclose information or documents to the defendant do i just apply to the court for such disclosure and if so is there a court document specific for this issue in English Law
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Please can you provide some background information on the nature of the claim so that I can have a better understanding and advise. Thank you

Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am acting as a lay representative of my partner and need to obtain records held by a storage company (safe store) of items placed with them and a copy of a third party contract they had with the plaintiff who has bought a claim of interference of goods against my partner. the information held by safe store is the value of goods stored and possible cctv footage of the goods
Customer: replied 1 year ago.
I need to know the procedure I need to follow to have the judge order disclosure under english law
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. Thank you also for the live phone call request. I am unable to talk at the moment but please leave it with me and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

In a court claim each party will have a legal duty to disclose all documents in its possession relevant to the claim, whether they help their case or not. This is all done in the disclosure process so if this has not yet taken place, you need to give them an opportunity to disclose them there first.

If, after the disclosure process, it appears that they have withheld certain documents, you can consider making an application for specific disclosure to the court. This basically means that you are asking the court to order them to disclose certain documents in the case.

Before making an application for specific disclosure, you should first make a written request to your opponent. Failure to correspond with your opponent before making an application may result in cost penalties.

The procedure for making a specific disclosure application is set out in Practice Direciton 31A.5.2 to 31A.5.5. You must:

· File an application notice (Form N244) specifying the order requested. This must be supported by evidence including a statement of belief that the disclosure of documents by the disclosing party is inadequate, which must be supported by a signed statement of truth.

· Specify, in the application notice, the documents or classes of documents sought.

· Pay the court fee (it should be £155).

· File a copy for the court, one for you to retain and one each for service on the other parties to the proceedings.