Further Information Flashcards
Which claim track does part 18 do not apply to?
the small claims track
What is the procedure for further information
D sends written request to C with the statement of truth.
What happens if there is no response from C?
then D can apply to court
under CPR 3.3, what can this order a party to do?
it can order clarification from a party to give additional information.
What 5 things must the request for further information have?
- headed with name of court, title and claim number
- it must state the request made under PT18
- it must set out each request for information and clarity.
- it must state date by which first party expect a response of the request.
- it must be email if possible.
What must the response to further information be?
- it must be in writing, dated and signed by C or the legal rep.
- it must be filed at court and verified by statement of truth and served it on other party.
if there has been no response to the request for further information, what must C do?
promptly inform the other party in writing of reason for lack of response.
What can D do as a result of a failure/ no response to request of further information
D can apply under Part 23 for Court order that info be provided.
What is the procedure of D applying for court order for info to be provided?
- Application notice to be served to court (there is no need to serve on non-responsive party)
- written evidence must be provided along with C’s response.
- draft order made including costs.
When can the Court deal with the request without hearing?
When 14 days have passed since D gave reasonable time for C to response has passed.