Further Information (Syllabus 11) Flashcards
What can the court do in relation to further information?
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).
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
is there any restrictions on the use of further information?
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
Do the court have discretion for making an order?
when considering whether to make an order the court must have regard to: (a) the likely benefit which will result if the information is given; and
(b) the likely cost of giving it; and
(c) whether the financial respires of the party against whom the order is sought are likely to be sufficient to enable that party to comply with such an order.
What does the party requesting the clarification need to serve first?
a written request for hat clarification or information stating a date by which the response to the request should be served
What should the request be confined to?
the request must be concise and confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case.
Can request for extra information be made in a piecemeal fashion?
No, they should be comprehensive.
Can a request be made by letter?
Yes, but only if it is brief, otherwise the request should be made in a separate document.
What is the appropriate formatting for a Request?
(1) headed with the name of the court and the title and number of the claim
(2) in its heading state that it is a Request made under Part 18, identify the first party and the second party and state that the date on which it is made
(3) set out in a separate numbered paragraph each request for information or clarification
(4) where a Request relates to a document, identify that document and the paragraph or words to which it relates
(5) state the date by which the first party expects a response to the Request
What must the form of a response to a request be?
it must be in writing, dated and signed by the second party or legal representative.
Does a response need to be verified with a statement of truth?
Yes
What should happen if a party objects to comply with the Request or is unable to do so within the time stated?
he must inform the first party promptly, he may do so in a letter or in a separate document but he must give reasons and a date by which he expects to be able to comply
Where the second party has made no response to a Request served on him how does the court deal with the application?
they can deal with the application without a hearing
