Part 18 request (request for further information) - Drafting

Question 1

When can the court give one?

Answer 1

At any time the court may order a party to:
a) clarify any matter which is in dispute in the proceedings
b) give additional information in relation to any matter

Question 2

How should a request be written

Answer 2

Concise and strictly confined to matters that are reasonably necessary and proportionate to enable them to make their own case

Question 3

When are these most common

Answer 3

When a defendant is seeking further information from a claimant who has failed to give sufficient particulars of its allegations e.g in a particulars of claim

Question 4

What to ask yourself to help identify what further things you need

Answer 4

Need to ask yourself what additional material facts the claimant should have includes. What more does your client need to know to answer the allegations - what are they denying E.G O/S is claiming products were not of satisfactory quality you need to know specifics of why e.g what parts are unsafe

Question 5

What does statements of case need to include

Answer 5

The factual ingredients of their case. So that the true nature and scope of the dispute can be identified. By comparing the particulars of claim with the defence you should be able to formulate a list of issues in dispute

Question 6

Structure

Answer 6

1) Parties
2) Heading - Defendant’s Part 18 Request for Further Information
3) Intro
4) Requests

Question 7

Intro

Answer 7

This Request is made on [date] and the Defendant expects a response to it no later than [date]

Question 8

Requests - Oral agreements - What needs to be included in particulars of claim

Answer 8

For an oral agreement the particulars should set out the contractual words used and state:
- by whom
- to whom
- when
- where they were spoken
If the particulars don’t state these you need to ask for them

Question 9

Requests - Oral agreements - Example

Answer 9

In relation to paragraph 1 of the particulars of claim and the allegation that the Defendant orally agreed to provide certain extras free of charge, please state:
1) What words were said that constituted the agreement
2) Who acted on behalf of both parties
3) When this oral agreement is said to be made
4) Where this oral agreement is said to have been made
5) What ‘extras’ were agreed

Question 10

Requests - In the particulars of breach section of particulars of claim

Answer 10

Here they may be ambiguous and you need more specifics for allegations especially if your client is denying it they can’t answer without knowing more e.g In relation to paragraph [5.1] of the particulars of claim, please state the precise basis for alleging that the Yacht is unsafe

Question 11

Requests - If the O/S are stating it should of been a certain way

Answer 11

E.g the product is heavier than it should be
You need to ask why and what it should have been