9: Further Information

Question 1

When MAY a party request further information?

Answer 1

If SoC not clear, fails to set out case = Party MAY request further information. Court can request this himself.

Question 2

What must be done to request further information?

Answer 2

Request for Further Information = INITIAL RFI must be made by letter, preferable sent by email. RFI MAY be in letter or doc attached to letter.

Question 3

What is the very first thing to do before making court app for request for further information?

Answer 3

Party must serve written request for clarification or information stating a date for response. Date = reasonable time.

Question 4

Court MAY at any time, ORDER party to -

Answer 4

1. Clarify matter in dispute; or
2. Give additional information in dispute Whether or not the matter is contained or referred to in SoC.

Question 5

What to do in response of the request for further information?

Answer 5

• headed with court etc, and state it is the response to the RFI (para 2.3(1))
• repeats the text of each request, followed by each response
• verified by a statement of truth (para 3)

Question 6

What is the format for further information?

Answer 6

• headed like a pleading with the court, claim title and claim number
• state it is a RFI under Part 18
• identify the requesting party and answering party
• each request must be in a separate numbered paragraph
• identify the document and words that each request deals with
• state the date a response is expected

Also:

• must be concise and strictly confined to matters which are reasonably necessary and proportionate
• to enable the requesting party to prepare his own case or to understand the case he has to meet
• as far as possible be made in a single comprehensive document
• if made in a letter, not deal with anything other than the RFI

Question 7

What is the collaterlal use of further information?

Answer 7

court MAY direct info provided must NOT be used for any purpose except the proceedings.

Question 8

What is the format for response of request for further information?

Answer 8

1. Be headed with the
   
   1. Name of the court and title; and
   2. Number of the claim
2. In its heading state:
   
   1. A response to that request
3. Repeat the test of each separate paragraph of the request and set out under each paragraph the response to it
4. Have attached to it a copy of any document not already in the possession of the first party which forms part of the response.

Question 9

What should someone do if he has an objection to the request for further information?

Answer 9

Party must inform first party of objection promptly + within time stated in response. He MUST give:

1. Reasons; and
2. Where relevant, date which he expects to comply

No need for second party to apply to court if he objects to Request or unable to comply. He only need to inform first party.

Question 10

What happens if the request for further information is not responded to?

Answer 10

first party = entitled to apply for court order. App notice must be served on second party 3 days before return day. No need to inform second party of app if second party fails to make any response to prelim request + provided at least 14 days have passed since request served.

Question 11

Applications for ORDERS under Part 18

should include:

Answer 11

App notice should set out/have attached the order sought. Both parties should consider whether evidence in support is required. The court MAY order summary assessment of costs.