Bundles for FTT

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    Bundles for FTT

    We received the bundles related to an FTT case (there is another thread related to this but this is a discrete topic), the applicant has not included all of the documents we sent to them and added new documents not sent to us. There are other issues too with the documents related to our case. In this event, can we ask for the case to be postponed while above is rectified? Case is soon though.

    Thank you.

    #2
    I think I suggested there were going to be shenanigans like that, didn't I?

    Just make your own set of bundles, four for the FTT, two for the applicant, and one for yourself. Make sure you number all the pages. Send them off with a covering letter.
    To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

    Comment


      #3
      Yes you did!
      There is not time for us to do that.
      Can we ask for case to be postponed?

      Comment


        #4
        You are unlikely to succeed with a request to postpone the hearing, You should take with you any documents which have been excluded to which you intend to refer. You can raise comments at the hearing and you should mention that the applicant has been unreasonable and has failed to comply with the directions when the question of costs is considered.

        Yes unfortunately, documents are added late and don't be surprised if others are produced on the day. The positive is that the applicant cannot complain if you wish to introduce another document.

        Comment


          #5
          There is no need to create another bundle, or produce copies or number the pages, just take the documents and explain to the Tribunal. The clerk will take copies for everyone.

          Comment


            #6
            Originally posted by eagle2 View Post
            There is no need to create another bundle, or produce copies or number the pages, just take the documents and explain to the Tribunal. The clerk will take copies for everyone.
            If the tribunal are travelling to a regional court building, I don't see how the clerk will be able to make copies with a few minutes notice.
            To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

            Comment


              #7
              The hearing is usually at a venue where copying can be taken. If not, there is more chance of succeeding with a request for an adjournment but I have always found that the Chair says something like "lets start and see how we get on".



              Comment


                #8
                Thank you all. I am intending to instruct a solicitor to write for an adjournment in advance. Is this likely to be agreed? The number of documents missing (all our side) appears intentional to me but they will be plausible with an explanation no doubt.

                Comment


                  #9
                  I don't think that a solicitor will make any difference but try, just prepare to go ahead in case you do not succeed,

                  Comment


                    #10
                    Thank you. The panel will not have had the chance to assimilate documents left out of the bundle even if they are provided at the hearing. This puts me at a disadvantage since some of the documents are key to my case.

                    Comment


                      #11
                      I would write formally to the Tribunal (recorded delivery) to say that the other side was
                      a) Directed to produce a joint bundle (was that the case)
                      b) Has however omitted key documents which were substantive to your case
                      c) You are happy to proceed, but seek advice as to what to do.
                      d) You will bring three copies of the relevant documents to the hearing, but are not clear as to why these documents have been omitted and would wish to discuss this during the hearing preliminaries.

                      How is it possible in an administration charges case to have a massive bundle - are you sure you are sticking to the key case? Producing mounds of fluff does not help.

                      Comment


                        #12
                        Thank you all and thank you Andrew Dod for above.

                        Yes, I am sticking to key points related to SCs and ACs (there are service charges too). The other side are not but I am sure the panel will manage that at the hearing.

                        We were asked to produce a joint bundle and all was agreed. The other side did not follow the agreement arguably intentionally. I note all of the errors/omissions disadvantage me not them.

                        Comment


                          #13
                          If you have time to take copies with you, do so by all means, you will probably need 4 copies, 3 for the Tribunal and one for the other side. It should specify the number required in the directions. If you are writing to the FTT, you can also send an email to the Tribunal office and you will need to send a copy of any correspondence to the applicant.

                          As a general comment, the FTT is reluctant to adjourn hearings and it will normally try to press on regardless.

                          Comment


                            #14
                            Thank you Eagle. So to clarify I write to the address on the directions and use the email address from the same document. The problem is the hearing is so soon that a letter might not even be out of their in tray by the time the hearing has taken place.

                            The other side arguably used tactics in putting together the bundle to disadvantage me though I do not doubt they will present plausible reasons. I will state the facts related to the bundle and avoid accusations but in my own mind feel positive items were left out or added to benefit them.

                            I understand it is expensive to adjourn a hearing but feel the hearing should be postponed. From comments LLZ this is unlikely to happen.

                            Comment


                              #15
                              Presumably all of the documents that you sent to the other party were also sent to the tribunal at the same time (this is typically a requirement in the tribunal directions)?

                              If I was you, I would email the tribunal (copying the other party into the same email if you been provided with their email address) and point out that the bundle produced by the applicant has omitted documents that you provide them with. If you can, give the date that these documents were originally sent, and (if their aren't too many) I would list them as well.
                              Immediately after you have sent the email, call the tribunal (a contact number will be on the directions orders or, if not, will be available online) and make them aware that you have sent an email that it is important that the tribunal panel is aware of before the hearing.

                              Then take at least three copies of each of the documents to the hearing (five if you are happy to make that many).
                              At a pinch the tribunal members can pass one copy between them, but it is better if you have copies for each of them + you will need a copy for yourself and the applicant.

                              Don't suggest that the applicant has intentionally left the documents out of the hearing bundle - that will be an allegation that you can't prove, and making allegations of this sort is unlikely to help your case. The tribunal members may well ask the applicant to explain why these documents were not included, and if they are clearly important to your case will potentially treat the applicant unfavourably regarding the omission (although the case itself will be decided on the evidence itself rather than the conduct of the parties).

                              You can ask that any documents that the applicant has included, but did not previously provide copies of, are excluded as evidence, although you will generally need a very good reason before the tribunal will allow this. You are more likely to get documents excluded if they raise things that you should have had sufficient time to look into, and perhaps take legal advice on, before the hearing.
                              If the new documents simple provide additional evidence that disputed work has been carried out, evidence that amounts were demanded, etc., it is likely that they will be allowed.

                              Comment

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