Unfortunately I have had no response to either my letter of 9 October or my follow-up letter of 23 October. This is fairly typical, but does suggest that ADR may not be an option in this case. To avoid further delaying tactics I would advise we start proceedings as soon as possible.
I am also able to confirm that the Legal Aid Board has accepted your request for Legal Aid. This decision is subject to review should there be any change in your income.
With regard to a possible financial settlement, I have requested full disclosure of Mr Rock’s income, outgoings and assets.
The Claim Form (which includes the Particulars of Claim) has now been issued by the court and I have served these on Mr Rock. There is a good chance that this will help persuade Mr Rock as to the merits of an out-of-court settlement. However, considering his lack of cooperation thus far, we must assume that this matter will indeed go to trial.
My client strenuously denies the allegations made in the Particulars of Claim. Please see attached defence and counterclaim, including details of property unlawfully removed from Mr Rock’s house around the time of your client’s recent visit.
I enclose Mr Rock’s defence1 and counterclaim. They are fairly self-explanatory, but please do let me know if you have any questions. Quite frankly, I find both documents bizarre.
The exact grounds for Mr Rock’s defence should become clearer now that we have entered the so-called pre-trial discovery phase of the proceedings, during which we can request documents and other evidence from Mr Rock. Should Mr Rock fail to comply with our requests, we can compel the production of evidence by means of a witness summons2 or through other discovery device.