Request for further information Flashcards
When can you request further information?
to clarify or give info in relation to any matter which is in dispute in the proceedings
requests should be necessary and proportionate to enable the party seeking clarification or information to prepare its own case or to understand the case it has to meet
What must be in a response for further info
Must be written, dated and signed by the party or the legal rep and include a statement of truth
must be filed at court and sent to the other party
if objection to request is made, it must inform the party of the reason and object in the timeframe set out in the request
If the request can only be complied with at disproportionate expense, the reasons why must be explained, for example, the request is about matters that are irrelevant, disproportionate, not reasonably necessary or privileged.
when can an application to court be made for further info
if the party does not give info voluntairly, has not responded or objected
How should the application to court be made?
As an interim application