11. Futher information Flashcards
To what can a request for further information be made?
Any statement of case, i.e. a claim form, POC, defence, PT 20 claim, reply to defence e.c.t. and includes any further information given in relation to them voluntarily or by court order
How can further information be given in civil proceedings?
On a voluntary basis on their own initiative, or following a request from another party, or under a court order
Can a court make an order for further information on its own initiative or is it only allowed to do so upon a request?
Could be either.
What would the effect of an order for further information be?
An order for a party to:
1. clarify any matter in dispute; or
2. give additional information in relation to any such matter
whether or not the matter is contained in or referred to in a statement of case
subject to any rule of law to the contrary (I imagine privilege for example)
What must a party against whom an order for further information is made do?
File their response; and
serve it on the other parties
Within the time specified in the order
What should the court consider when considering whether to make an order for further information?
- The likely benefit which will result if the information is given; and
- The likely cost of giving it; and
- To whether the financial resources of the party against whom the order is sought are sufficient to allow them to comply
These are consistent with the overriding objective.
What may the court direct when ordering a party to give further information?
That this information must not be used for any purpose except for that of the proceedings in which it is given
What should a party who is considering an application for further information do before making such an application?
They should first serve on the party from whom clarification is sought a written request for clarification or information, stating a date by which the response should be served. It must be a reasonable time.
How concise should a request for further information be?
Concise and strictly confined to matters reasonably necessary and proportionate to enable the first party to prepare his own case or understand the case he has to meet
Can a request for further information be made in several documents?
Requests must be made as far as possible in a single comprehensive document and not piecemeal.
Can a request for further information be made via letter?
Yes, if it is brief and the reply likely to be brief. Otherwise, it should be made in a separate document
What should a request for further information have on it where it is made by letter?
- State that it contains a request made under part 18; and
- Deal with no other matters other than the request
What must a request for further information have?
- Be headed with the name of the court and the number for the claim
- In its heading state it is a request made under part 18
- Identify the first party and second party and state the date on which it is made
- Set out in a separate numbered paragraph each request for information or clarification
- Where. A request relates to a document, identify that document and the paragraph or words to which it relates insofar as is possible
- State by the date by which the first party expects a response
Can a party who is making a request for further information prepare that document in such a way that the response can be on the same document?
Yes.
To do this, the numbered paragraphs of the request should appear on the left hand half of each sheet so that the paragraphs of the response may then appear on the right
Where a request is prepared in this form an extra copy should be served for the use of the second party
Can a request for further information be served via email?
Yes. In fact, where reasonably practicable, it should be.
In what form should an application for further information be made?
Part 23 application notice.
Should set out or have attached to it the form of the order sought and should specify the matter or matters in respect of which the clarification or information is sought
What should an application notice for an order for further information do in respect of a request for further information?
If a request has not been made, explain why.
If it has been made, it should describe the response, if any
Is evidence required for a request for further information?
Potentially not. They should consider whether it is required
Does notice need to be given on an application for further information?
If 14 days have passed since service of the request for further information and the time given for a response has expired, then not on the party to who it is seeking clarification from.
Otherwise, yes on the party who the clarification is sought from and all other parties.
Is a hearing for an order for further information required where the other party does not respond?
If they do not respond in 14 days since service and the time given for a response has expired, it may deal with it without.
Who does an order for further information need to be served upon?
All parties to the claim
Can costs be awarded on an application for further information?
Potentially. Need to make sure that they mention this at the hearing.
How should a party respond to a request for further information?
In writing, dated, and signed by the second party or his legal rep
May do so via letter or in a formal reply where the request is made in a letter. However, it should identify itself as a response to the request and deal with no other matters than the response
How must a response to a request for further information be laid out where the requesting party has not provided and the requested party has not used the matched up form?
A response must:
1. Be headed with the name of the court and title and number of the claim
2. Identify itself as a response to the request in the heading
3. Repeat the text of each separate paragraph of the request and set out under each paragraph the response to it
4. Refer to and have attached a copy of any document not already in possession of the first party which forms part of the response
How must a second or supplementary response to a request identify itself?
Identify itself as such in the heading
Who must a party who is being requested to provide further information serve his response upon?
Every other party and file with the court a copy of the request and his response
What must a party who is being requested to provide further information do where he objects to complying with a request for further information?
Inform the first party promptly and, in any event, within the time the party has stated he expects a response by
How may a party who is being requested to provide further information object (i.e. in what form)?
In a letter or separate document, but still must give his reasons and, where relevant, state a date by which he expects he will be able to comply
Does a party who is being requested to provide further information need to apply to a court where he objects or is unable to comply with a request for further information?
No. he need only inform the first party and give reasons
What should a party who is being requested to provide further information do where he considers that a request is disproportionate?
Where they consider a request can only be complied with at disproportionate expense and objects for that reason he should say so and explain briefly why he has taken that view
