Requests for further information Flashcards
What CPR provision deals with requests for further information?
CPR Part 18
What does CPR Part 18 provide?
CPR Part 18 provides that:
At any time, either the court or the parties may request further information and, if successful, a party will be ordered to:
(a) clarify any matter in dispute; or
(b) give additional information in relation to any such matter.
How does a party request further information?
The party requesting further information must (first) serve a written request on the other party, allowing a reasonable time for the response.
The request should be strictly confined to matters that are reasonably necessary and proportionate to enable the applicant to prepare their own case or to understand the case they have to answer.
Any requests must be headed with the name of the court, the title and number of the claim and identify that it is a Part 18 request.
What must the party receiving a request for further information do?
Once a request for further information is received, the recipient must deal with the issues raised.
The response must be in writing, dated and signed by the party or their solicitor; it should set out the same information as the request and then give details of the response.
The response must be:
(a) served on all the parties
(b) filed with the court
(c) verified by a statement of truth.
What happens if a request for further information is not responded to, or cannot be complied with?
Here, the party seeking further information may apply to the court under Part 18 for an order requiring disclosure of the requested further information.
The court will grant an order if it is satisfied that the request is confined to matters that are reasonably necessary and proportionate to enable the applicant to prepare their case or to understand the case against them.
