Discovery of documents - Civil litigation

ilesmark

Hi all

I am currently suing a well-known DIY chain for compensation for supplying a defective sink as part of the kitchen I bought from them earlier this year. They have filed an Acknowledgement Of Service indicating their intention to defend all of the claim.

Part of the claim is based on the fact that, after I wrote a Letter Before Action to their head office, someone from the local branch came to my house, inspected the sink, agreed it was defective and promised to get head office to sort the matter out but then I never heard any more.

Recently I visited the local branch to buy something unconnected and met the person who had come to my house. He was surprised I was suing the company, and to prove it showed me on his computer a copy of the email he had sent to head office confirming the sink was defective and asking head office to contact me to sort the matter out. He assumed they had done so.

Unsurprisingly, he wouldn’t print me a copy but he did let me write down all the details on the email.

My question – is there any way that I can get a copy of this email through the Discovery process? And, if so, how to do it?

Thanks

Mark

ihatecaptcha

There's a useful looking document on the website of the British Dental Association.

http://www.bda.org/advice/docs/County%20Court%20procedure%20Eng%20and%20Wales%20-%20June%2008.pdf

Crazy_Jamie

Yes, there is. Parties are required through the course of civil litigation to disclose a list of all relevant documents, and then the other party can ask to inspect items on the list as they choose. This is called Standard Disclosure, and this e-mail (as well as copies of all internal correspondence relating to this issue, such as any report that the worker prepared after coming round to your house) is a relevant document for the purposes of disclosure. It should therefore be on their list.

Disclosure will be directed by the court at some point after the company have filed a Defence and both parties have filed Allocation Questionnaires. However, there is nothing to stop you trying to get hold of this document sooner. If I were you I would write a letter to them noting that a worker had come round to your house, and request copies of all documentation arising out of that visit, including internal correspondence, work logs and reports, including the e-mail that you're referring to (specify the details of it). Technically they don't have to disclose this until the Court orders it, but in practice when one party knows that relevant documentation like this exists it is common to ask for it. If they don't give it to you you can threaten and make an application for Specific Disclosure, though if it gets to that point it might just be best to wait for the Court to order disclosure. I say that because making such an application will just mean more time and money, and whilst you may get that money back there's no need to increase the stress beyond what's necessary, so practically you may wish to not make the application.

ilesmark

All

Thanks very much. I will keep you posted. The chap I spoke to in the branch said he thought they'd make me an offer - let's see!

For interest, what I'm complaining about is the metal sink. When the sink was installed and the tap fitted to it, it became clear that there was an excessive degree of flex from the sink. With just a modicum of pressure, the entire tap would rock to and fro due to flexing of the metal sink.

I asked them to rectify it either by means of replacing the sink with one strong enough to take this size/weight of tap without flexing, or by fitting a metal bracing bracket under the tap. However, to attach such a bracket post-installation would have necessitated disassembly of the kitchen. That left a ceramic sink.....which I eventually went out and bought.

I have posted before and after videos of this on youtube but can't post the link here. However, if you are interested then go to youtube and then type in "metal sink - before" and "ceramic sink - after"

Can't want to see what the judge says when he sees these videos if it does get to court. I'll let you know either way.

Mark

ilesmark

I have today accepted their settlement offer of £828.79, including £450 for the loss of enjoyment. Seemingly a good figure, but you will appreciate that this whole matter has involved me in a lot of unnecessary time and effort. If you cost in all the driving around, phone calls, drafting/researching time, traipsing around the house washing dishes in the bathroom, the loss of enjoyment figure doesn't equate to a particularly exorbitant hourly rate.

bingo_bango

Just remember that a settlement figure is one which the claimant feels is adequate. The point is not to make you rich, but to compensate you for actual losses suffered.

If you have managed to get a settlement that has an LOE element of more than 100% of the tangible costs, then I think you have done well out of this. It certainly sounds adequate, but as you say, it may not fully compensate you for the time involved in dealing with the issue.

Chalk it up to experience, and buy a nice bottle of wine to try and claw back some of that enjoyment. Will taste all the sweeter knowing that you are drinking it because you won!

ilesmark

Oh, I feel I've been adequately compensated all right - I just don't feel I've made an excessive profit out of them. Nobody has accused me of this on THIS forum, but they have (mildly - they were still on my side otherwise!) on others.
Totally agree re the wine though! :beer:

Proc

So it's Homebase?

ilesmark

It's Wickes!