Providing PDF copies of documents after the disclosure of documents stage

Introduction

If you are asking me to advise you for the first time when you are some way into the legal process - after what is usually called the disclosure of documents stage - then each side will have already been required, as part of the legal process, to identify the documents it proposes to rely on in the case and, to some extent (in the earlier pleadings), to identify and limit the legal arguments it can make at trial. If I am the first qualified lawyer you have asked advice from (or you have doubts about the legal advice you have previously received - or just want a second opinion) it might be that other documents/arguments still need to be considered - you might need permission from the court/tribunal to rely on further documents/arguments, and any such permission might come with a costs penalty, but this is something which you might want advice on  - and, if so, you will need to search for and load to Google Drive, copies of, relevant documents you may find on your computer/tablet/phone or in your paper files paper, or documents you may be able to obtain from elsewhere - such as from public records - in the same way you would have done if you had sought my advice at the outset before proceedings had started

If, however, you are confident about what has been done so far in the proceedings - that the pleadings are appropriate and the documents you have identified (by disclosure of documents) are all the documents needed to prove your case, then the set of documents which you need to load (at least initially) when seeking advice is as follows.

      

Folders in Google Drive

You should create seven folders in Google Drive named as shown below and put those folders inside a high level folder called [Your Name] - Documents:

Pleadings     for each side's pleadings in PDF form

Orders     for orders or directions made by the court or tribunal in PDF form. Also notices of hearings.

Disclosure Lists    The numbered list of documents (in PDF Form) which you sent to the other side at the disclosure of documents stage and the numbered list of documents which the other side sent to you.  

My Disclosed Documents    Copies of all documents listed on your disclosure list. These must be PDFs - except digital photos which should be JPEGs - with the file name of each document prefixed with the disclosure list number.

Documents Disclosed by the Other Side    Copies of all documents listed on the other side's disclosure list. These must be PDFs - except digital photos which should be JPEGs - with the file name of each document prefixed with the disclosure list number.

Correspondence between the parties    Copies of letters and emails between the parties

Witness Statements and Exhibits  Copies of all signed witness statements which have been sent by you to the other side or which the other side has sent to you. 



What each of the seven Google Drive folders should contain is described in more detail below and step-by-step instructions about how to load documents can be found here 


Pleadings

Load into this folder PDF copies of the documents drafted by each party's barrister which set out concisely, and often in a technical legal manner, what each party alleges. In different types of tribunal or court case the pleadings may have different names such as Claim Form, Particulars of Claim, Defence and Counterclaim, Reply and Defence to Counterclaim, Reply to Defence to Counterclaim, etc. or simply Applicant's Statement of Case. Make sure that the pleading documents you load are the final signed versions as sent by you (or on your behalf) to the other side/to the court/to the tribunal, or as received by you from the other side (either directly from the other side or via the court/tribunal office).

Quite often pleadings refer to certain documents saying "copies of these documents are attached". In this case it is important that the pleading document you load has those attached documents included (either in the same PDF or as a separate PDF named so as to identify which pleading document the documents were attached to e.g. Particulars of Claim - Annex of documents). Copies of those documents will doubtless be somewhere in the My Disclosed Documents and/or the Documents Disclosed by Other Side folders as well but the particular documents attached to the signed pleading document, when it was sent out or received, need to be included with the pleading document in the Pleadings folder because in order to understand precisely what the pleading document is alleging the document or documents it is referring to must be accurately identified. For example if the pleading document says "The Claimant claims ownership of the land edged in red on the attached plan" it is not enough that that plan is one of the many plans and other documents in the My Disclosed Documents and/or the Documents Disclosed by Other Side folders: the precise plan which was attached to the signed pleading document must be loaded up with that pleading document. A pleading document will not attach all documents but only certain key ones so knowing precisely what documents were attached is crucial.

Orders

Load into this folder PDF copies of the written decisions made by the court or tribunal about how the parties are to prepare for the hearing (for example whether a party may use an expert report, and by what date documents and witness statements are to be provided by one party to another) and any other orders made and any notices issued by the court/tribunal.


Disclosure Lists

Load into this folder the numbered list of documents (in PDF Form) which you sent to the other side at the disclosure of documents stage (and any supplementary list), and the the numbered list of documents which the other side sent to you (and any supplementary list).  

Some courts/tribunals do not require documents on a disclosure list to be numbered: if you have a disclosure list which is not numbered, make a copy of it and, using a pen, number each document on your copy and then load the numbered copy, as well as the original disclosure list, to this folder.

My Disclosed Documents   

Load into this folder a copy of every document you have disclosed. Each document should be a PDF (or JPEG for digital photos) and should have a name commencing with the date in yyyy-mm-dd format followed by the disclosure list number. For example if document number 15 on your disclosure list is 2017-05-22 Agreement, and you are the Applicant, you would name the document 2017-05-22 A15 Agreement.  

Documents Disclosed by the Other Side

Load into this folder a copy of every document on the other side's disclosure list (and any supplementary list). Each document should be a PDF (or JPEG for digital photos) and should have a name commencing with the date in yyyy-mm-dd format followed by the disclosure list number. For example if document number 12 on your opponent's disclosure list is 2018-08-31 Letter Smith to Jones, and your opponent is the Defendant, you would name the document 2018-08-31 D12 Letter Smith to Jones.

Correspondence between the parties

Any items of correspondence (letter, emails) between you (and/or your solicitor if any) and the other side (and/or their solicitor if any) or with the court/tribunal office, which are not already loaded up into the My Disclosed Documents or Documents Disclosed by the Other Side folders should be loaded into this folder as PDFs with each PDF name commencing with the date in yyyy-mm-dd format.

Witness Statements and Exhibits

Load into this folder PDF Copies of all signed witness statements in the court or tribunal case which have been sent by you (or on your behalf) to the other side or which the other side has sent you, together with all Exhibits referred to in the witness statements.

The main witness statements are usually exchanged by the parties (and/or their solicitors) towards the end of legal process not long before the trial but there may be other witness statements sent earlier and these also should be loaded.   

  

Disclaimer

This information page is designed to be used only by clients of John Antell who have entered into, or are about to enter into, an agreement for the provision of legal services. The information in it is necessarily of a general nature and is intended to be used only in conjunction with specific advice to the individual client about the individual case. This information page should not be used by, or relied on, by anyone else.

The information on this page about specific computer techniques is provided for information purposes only. Every reasonable effort has been made to ensure that the information is accurate and up to date at the time it was written but no responsibility for its accuracy, or for any consequences of relying on it, is assumed by me. You should satisfy yourself, before using any of the techniques, software or services described, that the techniques are appropriate for your purposes and that the software or service is reliable.

This page was lasted updated in September 2018.   Disclaimer