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From: Subject: Date: To: Cc:
Bruce R. Maunder Taylor brmt@maundertaylor.co.uk
YOUR REF: LON/00AW/LAM/2017/0011: MITRE HOUSE, 124 KING'S ROAD, LONDON SW3 4TP
6 June 2017 at 12:58
rplondon@hmcts.gsi.gov.uk
Paul Brown-Constable studio@graffiti.biz, Michele Hillgarth mhillgarth@gmail.com, Peter Begg pbegg@tarsus.co.uk, mleonisceti@gmail.com
For the a)en+on of Ms J Burrow Dear Ms Burrow,
The Tribunal has issued a direc+on to the Respondent in this case to disclose the financial documents which the Applicant has requested and the Respondent has so far failed to comply. The Tribunal has given the Respondent un+l 9 June to do so.
Unless the direc+on is complied with by the +me stated in the Tribunal’s latest direc+on, then the Applicant requests that the Tribunal exercises its powers pursuant to S.20 of the Tribunal Procedure (First-+er Tribunal) (Property Chamber) Rules 2013:
20. – (1) On the applica+on of a party or on its own ini+a+ve, the Tribunal may –
(a)........
(b) order any person to answer any ques+ons or produce any documents in that person’s possession or control which relate to any issue in the proceedings.
(2)....
(3) No person may be compelled to give any evidence or produce any document that the person could not be compelled to give or produce on a trial of an ac+on in a court of law. (4) A summons or order under this rule must –
(a) state that the person on whom the requirement is imposed my apply to the Tribunal to vary or set aside the summons or order, if they have not had an opportunity to object to it; and
(b) state the consequences of failure to comply with the summons or order.
The Applicant submits that the documents requested are in the possession of Paul Brown- Constable of Flat 7, Mitre house, 124 King’s Road, London SW3 4TP who is a Director with effec+ve control of the Respondent company.
It is submi)ed that Mr Brown-Constable could be compelled to give or produce the documents requested on a trial of an ac+on in a court of law.
It is submi)ed that Mr Brown-Constable and the Respondent have both had plenty of opportunity to object to the disclosure of the documents.
The Applicant notes that any order which the Tribunal is minded to make must state the consequences of failure to comply with the summons or order and is respecbully requested to state in the order requested that, should Mr Brown-Constable fail to comply with such order, the Applicant is at liberty to apply to the County Court for enforcement ac+on.
The Applicant respecbully draws the Tribunal’s a)en+on to Rule 81 of the Civil Procedure Rules:
Requirement for a penal no0ce on judgments and orders
81.9
(1) Subject to paragraph (2), a judgment or order to do or not to do an act may not be