Request For Further Information Flashcards
Cpr reference
Cpr 18
When can a request for further info be made
A party can obtain further info from the other in order to
- clarify or give additional info in relation to any matter which is in dispute
What should request for further info be confined to
Requests should be confined to matters which are reasonably necessary and proportionate to enable the party seeking clarification to
- prepare its own case
- understand the case it has to meet
How to request further info
Party should seek info from other party on voluntary basis first
Should only apply to court if matter cannot he resolved
Process for request to other party for info
Serve written request stating a date for response
- must be concise and confined to matters necessary and proportionate, enabling requesting party to prepare its own case
Other party can provide info or refuse
- refusal on basis that request can be met by provision of appropriate evidence in due course - give reasons
- response must be written, dated, signed and inc statement of truth
If request can only be complied with at disproportionate expense, reasons why must be explained
Request to court for further information
Court can order a party to clarify any matter in dispute or give additional info in relation to any such matter
(Whether or not referred to in statement of case)
If court makes an order….
Party must file response within time specified by the court on the other parties
Verify with statement of truth
Restriction on use of further information
Court can direct that further into either voluntarily or by court order is not to be used for any purpose other than current proceedings