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I have been asked to provide further disclosure and view the…

Customer Question
Good morning,I have been asked...
Good morning,I have been asked to provide further disclosure and view the disclosure of the claimant defending a county court claim. Some of the records that I have requested have been lost in the post, and I wish to request a stay in proceedings whilst they are reproduced and resent.How can I do this?RegardsNick
Submitted: 3 months ago.Category: UK Law
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Answered in 58 minutes by:
3/19/2018
Solicitor: Jamie-Law, Solicitor replied 3 months ago
Jamie-Law
Jamie-Law, Solicitor
Category: UK Law
Satisfied Customers: 7,258
Experience: Solicitor
Verified

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

Which track is this allocated to?

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Customer reply replied 3 months ago
at the moment that is not clear but appears to be multi track. The notice came from the court but with our either party in attendence
Customer reply replied 3 months ago
sorry, should be 'without either party in attendance'.
Solicitor: Jamie-Law, Solicitor replied 3 months ago

Has disclosure been ordered yet?

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Customer reply replied 3 months ago
I have been asked to disclose some documents but cant, and I can make an order to change this as no parties were present
Solicitor: Jamie-Law, Solicitor replied 3 months ago

Ok - so do you want to know how to vary the order for disclosure?
Can you do it within 28 days of the current order?

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Customer reply replied 3 months ago
ok can I come back to you on this when I have draft ready?
Solicitor: Jamie-Law, Solicitor replied 3 months ago

Sure.

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Customer reply replied 3 months ago
ok thanks will do, I have just checked it is the small claims track
Solicitor: Jamie-Law, Solicitor replied 3 months ago

Who is asking you to provide further disclosure?

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Customer reply replied 3 months ago
It is a District Judge, they have asked me to disclose what challenges I(the claim is also in the wrong name) have with the claim, hence why I want to vary it so I can: 1) correct the defendant, and get the disclosure I need to respond to the order for listing the issues with the claim.
Solicitor: Jamie-Law, Solicitor replied 3 months ago

Ok, you wont be able to stay it, but you can apply to vary the order to extend time for compliance.

You need to make an application using form N244:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n244-eng.pdf

So yes, you can change the name of the Defendant and ask for time for disclosure to be extended.

Can I clarify anything for you about this today please?

If not I would appreciate a 5 star rating for my answer. If you need more help, you can ask follow up questions for free and I would be delighted to assist. Thanks!

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Customer reply replied 3 months ago
thanks, ***** ***** like to send a draft over a bit later if that is ok?
Solicitor: Jamie-Law, Solicitor replied 3 months ago

sure

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Customer reply replied 3 months ago
Good Morning, Please find my attached draft n 244 application and supporting witness statement as discussed yesterday. If you could edit for me as appropriate, as you can see I am not a solicitor!Best RegardsNick
Solicitor: Jamie-Law, Solicitor replied 3 months ago

Yes, that is fine. That should do it.

Does that clarify?

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Customer reply replied 3 months ago
Hi,1) is the legal parlance correct? 2) Should I state a date that stay should be effective till, as i have not provided an example of the order, I have ticked the box that I will, I wish the court to issue?Regards
Nick
Solicitor: Jamie-Law, Solicitor replied 3 months ago

No, you have requested a stay. But you could say, for example, 12 months.

Does that clarify?

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Customer reply replied 3 months ago
no I am still not clear? are you abel to edit the document and provide an example order?
Solicitor: Jamie-Law, Solicitor replied 3 months ago

I can't as sadly I dont have an editor.

But it just needs to say:

2) I request a stay for 12 months, so that documents can be obtained and the dispute with ICO resolved.

Does that clarify?

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