Requests for further information Flashcards
What is requests for further information?
A party can obtain further information from the other party to clarify or give additional information in relation to any matter which is in dispute in the proceedings.
What should requests be confined to?
Requests should be confined to matters which are reasonably 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.
Provide examples of why a party might wish to request further information
*To obtain admissions
*To obtain information which may reveal weaknesses in the other party’s case
*To obtain information about facts which the other party needs to prove to make good their case
*To acquire advance details of what a witness might say before exchange of witness statements
*To obtain clarification of the other party’s case
*To narrow the issues between the parties to save time and costs
What is the position in relation to multi-track claims and requests for further information?
In multi-track claims, directions setting out the time period for serving requests for further information and responses to them will usually be included in the directions at the first case management conference.
Is there a restriction on the use of further information?
The court can direct that further information given by a party to another party is not to be used for any purpose other than the current proceedings.
On what basis should a party seek information from the other party?
A party is expected to seek information from the other party on a voluntary basis. Only if it can’t be resolved should they make an application to the court.
How should a party make a request for further information?
Party seeking information serves a written request on the other party stating a date for response (allowing the other party a reasonable amount of time to respond).
The request must be concise and confined to matters which are reasonably necessary and proportionate to enable the requesting party to prepare its own case / understand the opponent’s case.
Explain how a party should respond to a request seeking information?
The response must be written, dated and signed by the party and its legal representative and include a statement of truth.
*Response must be sent to the other party and filed at court.
*If a party objects to providing a request, it must inform the party who made the request giving reasons for the objection and object within the timeframe set out in the request.
*If the request can only be complied with at a 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 would it be appropriate to make a court order for request for further information?
An application to the court would be appropriate where the other party has not responded or has responded with an objection to provide the information.
How should an application to the court be made?
The application should be made as an interim application. If, the other party has not responded after 14 days have passed, the application can be made without notice to the opponent and the court can deal with the application without a hearing.
If the court makes an order for further information what must the party against whom the order is made do?
If a court makes an order for further information, the party against whom the order made must file its response and serve its response on the other parties within the time specified by the court.
The response must be verified by a statement of truth.
