Bundles for FTT

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    #16
    Dear Macromia

    Thank you - very helpful.

    Unfortunately, directions did not require information to be copied to the court.

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      #17
      Definitely avoid accusations, take copies and casually state that they were left out.
      I once heard a barrister use the phrase " this was either a simple error or a deliberate lie in an attempt to mislead" which I thought was quite nice but maybe OTT ­čśë
      FTT/LVT rulings are online so try and find some involving the same management company to refer to, and hopefully the panel members will have dealt with them before and will draw their own conclusions to the ommissions.
      what region are you attending ?

      Originally posted by vmart View Post
      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.

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        #18
        If the hearing is very soon, I would telephone the Tribunal office and speak to the named clerk and then back it up with an email, which should be copied to the applicant.

        I am sure that you are right about the documents being omitted intentionally, you should state the facts and leave the applicant to explain. You can then comment on any explanation and ask the Tribunal to decide whether or not the applicant has complied with the directions and to make an appropriate order when the question of costs is considered.

        It is not worth asking for new documents to be disregarded, that only draws attention to them and they have already been produced. It is a question of whether or not you have seen the documents before and whether or not you need more time to respond to them. Do your best to respond and be prepared to explain why you cannot answer fully and why you should be allowed time to find other documents in response. An adjournment is a possibility but more likely you would be given time to submit a written response specifically and limited to the new documents after the hearing.

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          #19
          Once again, thank you all for your responses and help.

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