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Which documents for the Final Hearing?

  • solvethis84
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16 Jul 20 #513298 by solvethis84
Topic started by solvethis84
I'm currently a LiP, I have a solicitor lined up but only for certain things ahead of the Final Hearing next month.

I've researched what an index bundles typically looks like, and I'm drawing from experience of the FDR but I'd like to have opinions on what I need to include out of the following for a Final Hearing

Open Offer
Position Statement
Skeleton argument - I would ask solicitor to write this if needed
Statement of Issues
S25 statement
Chronology
History of the case
Schedule of Deficiencies - this was ignored at FDR, so I don't think I'll get my answers.

Then of course there would be all the disclosures such as Schedule of assets, bank statements, Property Particulars, Evidence of Mortgage Raising Capacity, Expert Property Valuation,

Finally, I have a barrister lined up but I haven't seen the exact terms of the contract yet. We have agreed a fixed fee. Before I ask, would it be common for a Barrister to take on any of the above tasks as part of the fixed fee? I was hoping they would write the Position Statement at least, but I guess they are most likely to charge an hour fee for this? I will ask them of course, but I'd like opinions on whether it's a reasonable thing to ask for first.

  • hadenoughnow
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16 Jul 20 #513300 by hadenoughnow
Reply from hadenoughnow
Are both parties LIPs and are you the applicant?

Bundles are governed by Practice Direction 27a.

Forms E need to be included but not the supporting documents. If there is anything specific in the supporting documents that you need to refer to as evidence, the relevant documents should be included in a separate section.

There would normally be a case summary (neutral setting out the history and points in dispute), schedule of assets, statement of issues and chronology all agreed with the other side. I would expect the barrister to advise on and produce the skeleton argument and/or position statement if needed. It is important to check what's included in the fixed fee. I would hope they would support and advise in the run up to the hearing and make sure the bundle contains everything that's needed for the case.

The bundle needs to be broken into sections and each section numbered ie A1-30, B 1-30 etc then an index created. The index should be sent to the other side and they should have the opportunity to request that particular documents are included.

Check the order carefully to see if there are any specific instructions ti follow.

Hadenoughnow

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16 Jul 20 - 16 Jul 20 #513303 by solvethis84
Reply from solvethis84
Hi Hadenoughnow, Thank you for your response.

I am the Respondent, and the other party is represented therefore they are responsible for the bundle index.As I won't get this until close to the hearing, I would like to plan which documents are needed and which ones I should budget for getting legal support with.

The schedule of assets may not be agreed, so I will prepare to include my own in a supplementary bundle.

So if the other documents can be agreed, and the barrister confirm their fee includes the skeleton argument and the position statement, it's just the S25 and the Open Offer left?

With regards to form E. I haven't looked at this from the start, I don't think either party updated it for the FDR. It needs to be done for the Final Hearing though?
Last edit: 16 Jul 20 by solvethis84.

  • hadenoughnow
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16 Jul 20 #513304 by hadenoughnow
Reply from hadenoughnow
You don't need to do a supplementary bundle. You should make sure the other side includes what you want put in. Only provide a supplementary if they don't. You will need to check the draft index carefully.

They should be able to provide yiur barrister with a copy of the full bundle ahead of the hearing. There may be a small charge for printing and sending if it is to be a paper bundle although atm everything is electronic.

Some things like skeleton arguments etc may be inserted at the last minute but space should be left for them in the index.

The FH order should give a list of what needs to be produced and when, including updating disclosure.

If you are LIP and need help to produce documents, one of our services for litigants in person may be useful...

Hadenoughnow

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16 Jul 20 #513305 by solvethis84
Reply from solvethis84
That is all clear an understood, thank you.

RE. updating form E - I've looked back at the wording on the Order. Originally I took it to mean enclosing all the evidence (such as bank statement) but it is introduced with the line 'each party shall serve their updating disclosure 28 days prior to the Final Hearing' I assume that means actually making sure the whole of Form E is up to date not just the evidence associated with it.

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16 Jul 20 #513307 by hadenoughnow
Reply from hadenoughnow
You don't need to redo the whole form E. You just need to provide updated information for sections where there is new information. It is worth putting a title page between each chunk of information.

I can't remember the exact section numbers offhand but it would be e.g. Section 2.9 bank statements then your updated statements, Section 2.18 income then updated payslips, P60 etc.

Hadenoughnow

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