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Just so that I am clear, the matter has been to Court and you lost? Were you aware of the proceedings please?
nope - the matter is going to court - i have had a summons and submitted my defence - i also sent a
REQUEST FOR FURTHER INFORMATION UNDER CPR PART 18
but i've had a reply that he does not want to answer this
as this relates to seeing the accounts for the business of which i was a partner can i apply for a court order to enforce it?
Has the matter been allocated to track please?
i have read (online) that this is not relevant for small claims?
yes allocated to track
I just wanted to check.
In that case you need to apply to the Court using form N244
That the Defendant reply and/or answer this.
So yes you can apply to the Court for an Order
The Court will set the matter down for a hearing and you can ask for costs of the application
Can I clarify anything for you about this today please?
what do i put into
"what order are you asking the court to make and why?"
You want the partner to answer the questions
Under Part 18
question 4 - answer is the request
If at least 14 days has gone by you can apply to Court.
5 - do i want it delay with without a hearing?
and how to answer questions 8 & 10?
5 - you must have a hearing, you can tick without but the Court will list it
8 - District Judge
10 - evidence below
You say when you ask for the information that 14 days has elapsed and any response you have had
Does that help?
so i just fill out the form and send it of - are there any fees to pay?
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-notes-eng.pdf is this the right notes?
Fee is £50 without hearing and £155 with hearing
Does that clarify?
Yes notes are correct
any more information i need or just fill it out, send it of, with a cheque and sit back and see?
Just fill it out and see if the Court lists it for a hearing, which in all honestly is likely
Can I help further with this at all?