CPR31.14 for Claims over £10K

🔹 Timing Is Critical 🔹 

• CPR 31.14 applies only after a claim has been issued and before disclosure occurs, typically:

  • After the Particulars of Claim (PoC) are served, and

  • Before or shortly after you file your Defence.

Under the Civil Procedure Rules (CPR) 31.14, a party to a legal case may request disclosure of documents from the other party. The procedure for making a disclosure request under CPR 31.14 is as follows:

1. Draft the disclosure request: Prepare a written request for disclosure that complies with the requirements of CPR 31.14. The request should be in writing and identify the documents or classes of documents that you are seeking. It should also explain why the documents are relevant to the case and how they support your position.

2. Serve the request: Serve the disclosure request on the other party in accordance with the CPR rules for service. The request should be served on the other party's solicitor or, if the party is not represented, on the party directly.

3. Wait for a response: The other party has 7 days from the date of service to respond to the disclosure request. If they object to the request, they must provide reasons for their objection. If they do not object, they must provide the documents within 7 days of the request.

4. Consider the response: Review the response from the other party and any documents provided. If the other party has objected to the request, you may need to negotiate or seek a court order for disclosure.

5. File a request with the court: If the other party does not comply with the request or fails to provide a satisfactory response, you may file a request with the court for an order for disclosure.

[YOUR NAME]
[YOUR ADDRESS LINE 1]
[YOUR ADDRESS LINE 2]
[YOUR POSTCODE]

BY EMAIL AND FIRST CLASS POST

[CLAIMANT'S SOLICITORS' NAME]
[SOLICITORS' ADDRESS LINE 1]
[SOLICITORS' ADDRESS LINE 2]
[SOLICITORS' POSTCODE]

[DATE IN FULL]

OPEN LETTER

RE: CLAIM NO. [XXXXXXXX]

CPR 31.14 REQUEST (AND CPR 31.15) - DOCUMENTS MENTIONED IN THE PARTICULARS OF CLAIM, INCLUDING ASSIGNMENT EVIDENCE

Dear Sirs,

1. I write regarding the above claim. I received the Claim Form on [DATE] and have filed an Acknowledgment of Service indicating an intention to defend the claim in full.

2. This is a request pursuant to CPR 31.14 for inspection and copies of documents mentioned in the Particulars of Claim (and any documents clearly alluded to therein). The documents are required to understand the pleaded case and to file a properly particularised Defence.

3. Please treat this request as made pre-allocation. If you assert CPR Part 31 does not apply or that disclosure is premature, you must state your position with reasons and identify the rule and/or authority relied upon.

DOCUMENTS REQUESTED UNDER CPR 31.14 (READ WITH CPR 31.15)

4. Please provide copies (PDF by email is acceptable) and confirm whether you will permit inspection of the originals upon request pursuant to CPR 31.15.

5. The documents requested are:

• (1) THE CREDIT AGREEMENT

6. The executed credit agreement relied upon, together with:
• the terms and conditions at inception;
• any variations and the terms as varied; and
• any document incorporated by reference and relied upon.

• (2) DEFAULT NOTICE AND SERVICE
7. The Default Notice relied upon (if pleaded or alluded to), together with evidence of service (for example, certificate of posting, mail log, or other proof of dispatch and the address used).

• (3) ASSIGNMENT: PROOF OF TITLE (DEED/AGREEMENT OR ALTERNATIVE EVIDENCE SUFFICIENT TO PROVE ASSIGNMENT)
8. The claim is pleaded on the basis that the Claimant has title by assignment. That puts assignment in issue and the Claimant must be able to prove it.

9. I therefore request inspection and a copy of the Deed of Assignment / assignment agreement relied upon. I anticipate you may assert the document is “commercially sensitive”. If so, please note that commercial sensitivity is not a basis to refuse inspection of a document relied upon to prove title. The proper course is provision of a redacted copy/extract and/or confidentiality protections, not non-disclosure.

10. Accordingly, if you maintain the Deed/Agreement is commercially sensitive, you must provide one of the following (your election), within the time for compliance below:

• Option A (Preferred): Redacted deed/extract
11. A copy of the Deed/Agreement with only genuinely sensitive pricing/portfolio terms redacted, but which clearly shows:
• the date of assignment;
• the parties (assignor and assignee);
• the nature of the rights assigned; and
• a schedule page / extract identifying the alleged account by account number or other unique identifier, sufficient to confirm inclusion of the alleged account in the assignment.

• Option B: Inspection on confidentiality basis
12. Alternatively, make the unredacted Deed/Agreement available for inspection at your offices or by secure electronic viewing, on the basis that I may take notes but not retain a copy, and I will treat the content as confidential and for the purpose of these proceedings only.

• Option C: Witness evidence plus documentary corroboration
13. If you contend you cannot provide the deed/extract at this stage, you must provide:
• a witness statement from a person with knowledge (not merely “on information and belief”) exhibiting the assignment agreement identifier/date, and
• contemporaneous corroborating documents demonstrating transfer of the alleged account (for example, a transfer confirmation report or equivalent) which identifies the alleged account by unique identifier.
14. For the avoidance of doubt, a bare assertion that “the account was assigned” is not sufficient.

15. If you refuse Options A and B on the basis of commercial sensitivity, you must explain precisely:
• what information is said to be commercially sensitive;
• why targeted redaction would not address it; and
• what alternative you propose that still enables me to verify title.

• (4) NOTICE OF ASSIGNMENT AND SERVICE
16. The Notice of Assignment relied upon, together with evidence of service (as above).

• (5) STATEMENT OF ACCOUNT / QUANTUM
17. A detailed statement of account showing how the amount claimed has been calculated, including (as applicable):
• opening balance at assignment;
• payments received;
• interest and charges (with contractual basis); and
• the running balance to the date of issue.

LEGAL BASIS

18. CPR 31.14 permits inspection of a document mentioned in a statement of case, including documents directly alluded to.

19. Expandable Ltd v Rubin [2008] EWCA Civ 59 (principle: a document is “mentioned” for CPR 31.14 purposes where it is referred to or directly alluded to in the statement of case; a party deploying a document in its pleading must permit inspection).

20. Where title is asserted by assignment, Van Lynn Developments Ltd v Pelias Construction Co Ltd [1969] 1 QB 607 (principle: where title to sue is put in issue, the debtor is entitled to inspect the assignment to verify the claimant’s title).

21. Hancock v Promontoria (Chestnut) Ltd [2020] EWCA Civ 907 (principle: where a deed is redacted, it must still disclose sufficient information to establish the fact and nature of the assignment and the rights relied upon; redactions must be justified and not arbitrary).

22. I will accept appropriately redacted material provided it is sufficient to prove that this specific alleged account formed part of the assignment and to identify the rights relied upon.

TIME FOR COMPLIANCE (CPR 31.15) - 7 DAYS

23. In accordance with CPR 31.15, you are required to permit inspection not more than 7 days after receipt of a valid request. Accordingly, please provide the above documents within 7 days of receipt of this letter.

24. If you cannot comply within 7 days, you must confirm before expiry of that period:
• (a) the reason for non-compliance;
• (b) what steps have been taken to locate/obtain the documents;
• (c) the date by which you will comply; and
• (d) your written consent to an extension of time for filing the Defence under CPR 15.5 to 14 days after provision of the requested documents (or such longer period as is reasonable).

25. If you contend any document does not exist or is not within your control, please state this expressly and identify who has control (if known).

26. If you object on grounds of privilege or otherwise, please provide a list identifying the document withheld and the basis of objection (sufficient to understand the point).

FAILURE TO COMPLY - APPLICATION

27. If you fail to comply, or fail to provide a satisfactory explanation within 7 days, I will rely upon this correspondence in support of an application for appropriate relief including:
• an order for disclosure/inspection under CPR 31.12 and/or CPR 31.14/31.15;
• a stay of proceedings pending compliance and/or directions; and
• the costs of the application.

28. I trust an application will not be necessary.

Yours faithfully,

[YOUR NAME]

[YOUR NAME]
[YOUR ADDRESS LINE 1]
[YOUR ADDRESS LINE 2]
[YOUR POSTCODE]

BY EMAIL AND FIRST CLASS POST

[CLAIMANT'S SOLICITORS' NAME]
[SOLICITORS' ADDRESS LINE 1]
[SOLICITORS' ADDRESS LINE 2]
[SOLICITORS' POSTCODE]

[DATE IN FULL]

OPEN LETTER

RE: CLAIM NO. [XXXXXXXX]
NOTICE OF NON-COMPLIANCE WITH CPR 31.14 (AND CPR 31.15)

Dear Sirs,

1. I write in relation to the above claim. I received the Claim Form on [DATE] and have filed an Acknowledgment of Service confirming my intention to defend the claim in full.

2. On [DATE OF CPR 31.14 REQUEST] I served upon you a formal request pursuant to CPR 31.14 (and CPR 31.15) for inspection and copies of the documents mentioned in, relied upon, or clearly alluded to in your Particulars of Claim.

3. The documents requested were:

• (1) THE CREDIT AGREEMENT - the executed agreement relied upon, including the applicable terms and conditions (and any variations relied upon).
• (2) DEFAULT NOTICE AND SERVICE - the Default Notice relied upon, together with evidence of service.
• (3) ASSIGNMENT EVIDENCE - the Deed of Assignment/assignment agreement, or a properly redacted extract/schedule page identifying the alleged account by unique identifier and confirming inclusion within the assignment.
• (4) NOTICE OF ASSIGNMENT AND SERVICE - the Notice of Assignment relied upon, together with evidence of service.
• (5) STATEMENT OF ACCOUNT / QUANTUM - a detailed statement of account showing how the amount claimed has been calculated.

4. These documents are fundamental to the Claimant’s pleaded cause of action and are necessary for me to understand the case pleaded and to file a properly particularised Defence.

5. In Expandable Ltd v Rubin [2008] EWCA Civ 59 (principle: a document is “mentioned” for CPR 31.14 where it is expressly referred to or directly alluded to; a party deploying a document in its pleading should permit inspection), the Court of Appeal confirmed the breadth of “mentioned” for CPR 31.14 purposes.

6. Where a claimant relies upon an assignment to establish title to sue, Van Lynn Developments Ltd v Pelias Construction Co Ltd [1969] 1 QB 607 (principle: a defendant is entitled to inspect the assignment to verify the claimant’s title) confirms the Defendant’s entitlement to verify the alleged assignment.

7. Despite my valid request, you have failed to provide the documents requested and/or failed to provide a satisfactory explanation for non-compliance.

8. This letter is therefore formal notice that you are in non-compliance with my CPR 31.14 request.

REQUIRED REMEDY

9. You are now required to provide the documents set out at paragraph 3 above within 7 days of receipt of this letter.

10. If you contend that any document is “commercially sensitive” (in particular any assignment documentation), you must still comply by providing either:
• an appropriately redacted deed/extract/schedule sufficient to prove the alleged account’s inclusion and the date/parties/nature of assignment; and/or
• inspection on a confidentiality basis.
A blanket refusal is not a proper response where the Claimant’s pleaded title depends upon assignment.

11. If you cannot comply within 7 days, you must confirm before expiry of that period:
• (a) the reason for non-compliance;
• (b) the steps taken to obtain the documents;
• (c) the date by which you expect to comply; and
• (d) your written consent to extend the time for filing the Defence under CPR 15.5 to not less than 14 days after full compliance.

12. If any requested document:
• does not exist;
• is not within your client’s control; or
• will not be relied upon,
you must confirm this expressly.

NEXT STEPS IF NON-COMPLIANCE CONTINUES

13. If you fail to comply, or fail to provide a satisfactory response within 7 days, I will place this correspondence before the Court in support of an application for appropriate directions, including (as applicable):
• an order for disclosure/inspection under CPR 31.12 and/or CPR 31.14/31.15;
• a stay of proceedings pending compliance; and
• the costs of that application.

14. I trust such an application will not be necessary.

Yours faithfully,

[YOUR SIGNATURE (IF POSTING)]
[YOUR NAME]

THE CPR 31.14 NEEDS TO BE MADE BEFORE TRACK ALLOCATION (OR VERY SOON AFTER)

Make sure to DISPUTE owing the Original Creditor as well as the Claimant in your N244 application.  (IRRESPONSIBLE LENDING is  key factor making the original agreement VOID and UNEFORCEABLE).

Below is a tightened, court-ready redraft (with corrections) that you can use as the N244 application content, supporting WITNESS STATEMENT, and DRAFT ORDER for an Unless Order for CPR 31.14 documents. It is written on the footing that the request/application is made before track allocation (or immediately thereafter) to avoid the usual “Part 31 does not apply on small claims” point. CPR 31 applies to all claims except small claims track. 

Also, I have corrected the fee position: for a general on notice N244 application the fee is £313; for an application by consent or without notice it is £123. “On notice” is about whether the other party is notified, not whether there is a hearing.
For Help With Fees, use EX160 (updated 21 November 2025).

KEY POINTS TO BUILD INTO YOUR APPLICATION

• CPR 31.14 is best invoked pre-allocation (or very soon after) while the claim remains unallocated; once allocated to small claims, Part 31 does not apply. (Justice.gov.uk)
• In your evidence, make clear you dispute owing any sum to the Original Creditor as well as to the Claimant (assignment not admitted; liability/enforceability not admitted).
• Phrase “irresponsible lending” carefully: it can support a dispute (e.g., unfair relationship / regulatory non-compliance), but it is safer to say the alleged agreement may be unenforceable and/or disputed rather than asserting it is automatically “void”.
• Do not claim “without a hearing” is automatic: the court will only deal without a hearing in limited circumstances. 

SUGGESTED COMPLETED N244 (ON NOTICE) - CPR 31.14 / 31.15 WITH UNLESS ORDER

IN THE COUNTY COURT AT [COURT]
CLAIM NO. [XXXXXXXX]

BETWEEN:
[CLAIMANT NAME] (Claimant)
-and-
[YOUR NAME] (Defendant)

N244 - APPLICATION NOTICE

1- What is your name?
[YOUR FULL NAME]

2- Are you a Claimant/Defendant/Legal Representative?
✅ Defendant

3- What order are you asking the court to make and why?
1- The Defendant applies for an order that the Claimant complies with CPR 31.14 and CPR 31.15 by providing inspection and copies of the documents mentioned in the Particulars of Claim (set out in the attached Draft Order) within 7 days.
2- The Defendant further seeks an Unless Order, namely that unlessI the Claimant fails to comply by the stated deadline, the claim shall be struck out pursuant to CPR 3.4(2)(c) and/or the Claimant shall be debarred from relying upon the undisclosed documents and the claim stayed pending compliance (as the Court considers just).
3- The Defendant also seeks an order that the time for filing and serving the Defence be extended to 14 days after service of full compliance, to avoid prejudice and to further the Overriding Objective.

4- Have you attached a draft of the order you are applying for?
✅ Yes

5- How do you want to have this application dealt with?
✅ At a hearing
(Reason: the Claimant has failed to comply with a formal disclosure request; specific disclosure/unless sanctions are case management issues.)

6- How long will the hearing last?
30 minutes

7- Give details of any fixed trial date or period
N/A (or insert if applicable)

8- What level of Judge does your hearing need?
✅ District Judge

9- Who should be served with this application?
✅ The Claimant’s solicitors: [NAME/ADDRESS FOR SERVICE]

10- What information will you be relying on, in support of your application?
✅ Witness Statement (attached)
✅ Exhibits (CPR 31.14 request, Notice of Non-Compliance, proof of service)

STATEMENT OF TRUTH
I believe that the facts stated in this application and the attached witness statement are true.

Signed: [YOUR NAME]
Dated: [DATE]

WITNESS STATEMENT IN SUPPORT (ATTACH TO N244)

IN THE COUNTY COURT AT [COURT]
CLAIM NO. [XXXXXXXX]

BETWEEN:
[CLAIMANT NAME] (Claimant)
-and-
[YOUR NAME] (Defendant)

WITNESS STATEMENT OF [YOUR NAME]

1- I am the Defendant. I make this witness statement in support of my application for an order compelling disclosure/inspection under CPR 31.14 and CPR 31.15, and for an Unless Order / appropriate sanctions in the event of continuing non-compliance.

2- The Claim Form was issued on [DATE] and I received it on [DATE]. I filed an Acknowledgment of Service on [DATE] indicating an intention to defend in full.

3- This application is made before track allocation (or immediately thereafter) because the documents sought are mentioned in the statements of case and are necessary to plead a proper Defence. CPR Part 31 does not apply to claims allocated to the small claims track, hence the need to act promptly while the matter remains unallocated. (Justice.gov.uk)

4- I do not admit that I am indebted to the Claimant. I also do not admit that I am indebted to the Original Creditor. Liability, enforceability, the quantum claimed, and the Claimant’s title to sue are all in dispute.

5- Further, and in any event, I contend that matters including the creditor’s lending decisions and affordability assessments (commonly described as “irresponsible lending”) may be relevant to the existence, enforceability and/or fairness of any alleged agreement and the sums claimed. Without the core contractual and statutory documents, I cannot plead my position properly.

6- On [DATE] I served a formal request pursuant to CPR 31.14 seeking copies/inspection of documents mentioned in the Particulars of Claim. A copy is exhibited at Exhibit A.

7- The documents requested were:

• (1) THE CREDIT AGREEMENT - the executed agreement relied upon, including the applicable terms and conditions (and any variations relied upon).
• (2) DEFAULT NOTICE AND SERVICE - the Default Notice relied upon, together with evidence of service.
• (3) ASSIGNMENT EVIDENCE - the Deed of Assignment/assignment agreement, or a properly redacted extract/schedule page identifying the alleged account by unique identifier and confirming inclusion within the assignment.
• (4) NOTICE OF ASSIGNMENT AND SERVICE - the Notice of Assignment relied upon, together with evidence of service.
• (5) STATEMENT OF ACCOUNT / QUANTUM - a detailed statement of account showing how the amount claimed has been calculated.

8- Under CPR 31.15, a party receiving a proper request must permit inspection not more than 7 days after the request is received. The Claimant has not provided the requested documents nor a proper explanation. (Justice.gov.uk)

9- On [DATE] I served a Notice of Non-Compliance allowing a further 7 days. A copy is exhibited at Exhibit B. The Claimant has still failed to comply (or has responded inadequately).

10- As a litigant in person, I am materially prejudiced by being required to plead without sight of the documents the Claimant relies upon. This is contrary to dealing with cases fairly and proportionately.

11- The Claimant may assert that the Deed of Assignment is “commercially sensitive”. If so, the appropriate course is targeted redaction and/or inspection on confidentiality terms, not a blanket refusal. The Claimant’s pleaded title depends on assignment, which I do not admit.

12- In the circumstances, I respectfully request the Court to make the attached order compelling compliance within 7 days, with an Unless sanction, and extending time for my Defence to 14 days after service of full compliance.

13- I also seek the costs of this application because the application has been made necessary by the Claimant’s non-compliance and failure to engage reasonably.

STATEMENT OF TRUTH

I believe that the facts stated in this witness statement are true.

Signed: [YOUR NAME]
Dated: [DATE]

DRAFT ORDER (ATTACH TO N244)

IN THE COUNTY COURT AT [COURT]
CLAIM NO. [XXXXXXXX]

BETWEEN:
[CLAIMANT NAME] (Claimant)
-and-
[YOUR NAME] (Defendant)

DRAFT ORDER

UPON the Defendant’s application dated [DATE] and upon reading the evidence filed in support

IT IS ORDERED THAT:

1- By 4.00pm on [DATE = 7 DAYS AFTER ORDER], the Claimant shall serve upon the Defendant legible copies of the following documents (and permit inspection in accordance with CPR 31.15):

• (a) The executed credit agreement relied upon, including the applicable terms and conditions and any variations relied upon;
• (b) The Default Notice relied upon, together with evidence of service;
• (c) The Deed of Assignment / assignment agreement relied upon to evidence title, or a properly redacted extract/schedule sufficient to identify the Defendant’s alleged account by unique identifier and confirm inclusion within the assignment, together with the date and parties to the assignment;
• (d) The Notice of Assignment, together with evidence of service;
• (e) A detailed statement of account showing how the amount claimed has been calculated.

2- If the Claimant contends that any part of item 1-(c) is commercially sensitive, it shall nevertheless comply by providing a version redacted only to the minimum extent necessary, ensuring that the information required to verify the assignment of the Defendant’s alleged account remains visible and intelligible.

3- The time for the Defendant to file and serve the Defence shall be extended to 4.00pm on the date 14 days after the Claimant has complied with paragraph 1 of this Order.

4- UNLESS the Claimant complies with paragraph 1 of this Order by the deadline, the claim shall be struck out without further order pursuant to CPR 3.4(2)(c), and the Claimant shall pay the Defendant’s costs of the claim, to be assessed if not agreed.

5- The Claimant shall pay the Defendant’s costs of this application, summarily assessed (if the Court considers appropriate) or otherwise to be assessed if not agreed.

FEE NOTE (CORRECTED) AND HELP WITH FEES

• A general N244 application on notice is £313
• An application by consent or without notice is £123 (rarely suitable here because disclosure orders are normally “on notice”).
• The court may deal with an application without a hearing only in limited circumstances (for example, agreement of all parties or where the court considers a hearing unnecessary).
• If you need fee remission, use EX160 / Help With Fees.

EXAMPLE N244 FORM

ADDITIONAL REQUESTS FOR WAREHOUSED CLAIMS

If the claim has been allowed to go "STAYED" also add these points: 

4. Lifts the stay and strikes out the claim pursuant to CPR 3.4(2)(b), on the basis that the Claimant has failed to take reasonable steps to progress the claim and has misused court procedure.

5. Alternatively, the Court is invited to exercise its inherent jurisdiction to strike out the claim as an abuse of process, in breach of the Overriding Objective under CPR 1.1, as the Claimant has failed to conduct litigation in a manner that is fair, proportionate, and expeditious.. 

EXAMPLE APPLICATION OF WAREHOUSED CLAIM  FOR ZOMBIE CLAIM

FOR LIFTING STAY - STRIKING OUT CLAIM -AND- ORDERING DISCLOSURE