11. Further Information Flashcards
Can the court direct a party to provide further information?
Yes - the court may at any time order a party to clarify any matter which is in dispute in the proceedings or give additional information in relation to any such matter (whether it is referred to in a statement of case or not). N.B. this is all subject to other rules - e.g. privilege
Where the court makes an order for further information what must the party against whom the order is made do?
File his response and serve it on the other parties within the time specified by the court.
Which considerations will the court have regard to in determining whether to make an order for further information?
- The likely benefit which will result if the information is given
- the likely cost of giving it; and
- whether the financial resources of the party against whom the order is sought are likely to be sufficient to enable that party to comply with such an order
Where further information is provided (whether voluntarily or pursuant to a court order) what else can the court do in relation to it?
The court may direct that information provided by a party to another party must not be used for any purpose except for that of the proceedings in which it is given.
If you want further information what should you do before asking the court to make an order for further information?
Make a written request to the party that you want information from.
Which rules govern the substance and the format of the request for further information from the party from which you want information?
Substance:
- concise
- confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case
- must state by which date you want the information (the date must give the party sufficient time to provide the information)
Formatting:
- Requests should be made - as far as possible - in a single document, rather than piecemeal
- It can be made by letter or in a separate document
- If you make the request in a letter, it is important to distinguish the letter from other letters that you might routinely send in litigation by stating that it is a Pt 18 request. The letter should not contain anything other than the request.
- A request that is not made by letter can be prepared in such a way that the response can be made using the same document
- All requests (whether made by letter or otherwise) must: (a) be headed with the name of the court and the title and number of the claim, (b) state that it is a Pt 18 request in the heading, (c) state the date on which it is made and identify the parties to the request, (d) set out in a separate numbered paragraph each request for further information or clarification, and (e) identify any documents to which it relates and the relevant paragraphs or words in the document
How should requests for further information be served?
Where possible you should serve it via email
What is the appropriate formatting for a response?
- Has to be in writing, dated and signed by the party or their legal representative.
- If the request was by letter, you may respond in a letter (the letter must state clearly that it is a response to the request and it must not deal with any other matters)
- The response can be on the document requesting the info (where the document was prepared in such a way as to allow this by the party requesting the information). If the request is not in such a document the following formatting rules apply:
- headed with the name of the court and the title and number of the claim
- in its heading identify itself as a response to the request
- repeat the text of each separate paragraph of the request and set out under each paragraph the response to it
- refer to and attach to it a copy of any document not already in the possession of the first party which forms part of the response
When the responding party serves his response what else must they do?
File a copy of the request and of their response with the court.
Does a response need to be verified with a statement of truth?
Yes
What should you do if you object to a request for further information made of you?
- Inform the requesting party promptly and definitely within the time limit given by that party
- You can do so in a letter or in a separate document
- You MUST give reasons for the view you take. If you expect to be able to comply later than the date specified in the request you can state this.
- If you think that compliance would cause you to incur disproportionate expenses and you object to compliance on that basis you must state this.
How is an application to the court for further information dealt with if the party from which further information is sought has not replied to a request?
There is no need to serve the notice seeking the order on that party and the court can deal with the application without a hearing. N.B. this rule only applies if at least 14 days have passed since the request was served and the time stated to reply in it has passed
Which parties does an order for further information have to be served on?
All the parties to the claim
Who pays the costs relating to an order for further information?
If the order does not state this, the default position is that no party is entitled to their costs (i.e. you have to pay your own costs associated with the order).
