Additional Information Flashcards
What power does the court have to obtain further information from parties?
Discretionary power (may)
At any time
For what purpose can the court obtain further information?
to clarify a matter which is in dispute
and give further information about an issue between the parties, regardless of whether it is containing in statements of case
Does the court have to order further information for it be provided?
No - can be provided on a parties own initiative (including amending statements of case)
Does a party have to apply for another party to submit further information?
No - it doesn’t have to, but can. The court can also make an order under its own initiative
What should the court consider when exercising its discretion to order additional information?
The benefit to the parties of the information being provided
The costs of providing it
Whether the costs can be borne by the party of which the information is requested
What power does the court have to restrict further information provided?
Court can restrict information which has been provided (either voluntarily or after a court order) for use only in the proceedings to which it is relevant.
(i.e. it can’t be used in other proceedings)
What should a party have done before making an application for a court order?
made a written request of the other party, which states the date by which it wants the information (must be a reasonable time)
What form can a request under part 18 take?
Letter or a separate document
What matters can be requested from the other party?
those which are reasonably necessary and proportionate to enable understanding of the case
What are the formality requirements for a part 18 request?
Must be headed with the parties and the court and the claim number
Must state that it is a part 18 request and be dated
must set out the requested information in separate numbered paragraphs
must provide a date by which the requested information is expected to be served
How is a part 18 request responded to?
In writing
Must be headed with the parties and the court and the claim number
must state that it is a response to a part 18 request and be dated
Must copy the information from the request and set out below that the information requested
It should be verified by a statement of truth
Who should the a reply to a request be served on?
The requesting party, all other parties and the court
What is the procedure if a request cannot be complied with in the timeline given?
A reply should be sent stating that fact and explaining when a reply can be facilitated.
If the responding party is of the view that it is a disproportionate request, the response should state this and give reasons for that view
This should be done within the timeline allowed by the original request
What should be included in an application notice for an order under part 18?
The text of the order sought
Whether a request had been sent - if not why not
Whether a response had been received - if so what it was
What is the procedure if the responding party has not responded to the request under part 18?
The applicant does not need to serve the application notice on the responding party. The application can be dealt with without a hearing
This only applies if the date for a response has passed and there have been at least 14 days since the request was sent
