Requests for Further Information Flashcards
What is the primary purpose of a request for further information under CPR 18?
A. To obtain evidence that can be used at trial
B. To clarify or obtain additional information about a matter in dispute
C. To force an opponent to admit liability before trial
D. To cross-examine witnesses before trial
B – To clarify or obtain additional information about a matter in dispute
Explanation: CPR 18 is used to obtain clarification or further information on matters in dispute to help a party understand the case it has to meet. It is not a tool to gather evidence or force admissions.
When can a party request further information from an opponent?
A. Only if the request relates to information contained in a statement of case
B. At any time, but only if a judge grants permission
C. When the information sought is necessary and proportionate to understanding the case
D. Only after the trial has commenced
C – When the information sought is necessary and proportionate to understanding the case
Explanation: A request under CPR 18 can be made at any time if it is necessary and proportionate to preparing a party’s case. The information requested does not need to be in a statement of case.
What should a party do before applying to the court for further information?
A. Make a voluntary request to the opponent first
B. File an application for summary judgment
C. Serve a witness statement explaining why the information is needed
D. Send a pre-action protocol letter
A – Make a voluntary request to the opponent first
Explanation: CPR 18 PD 1 requires parties to first make a voluntary request before involving the court. Court applications should only be made if the request is ignored or refused.
Party A is suing Party B for breach of contract. Party B’s defence is vague and does not specify the alleged reasons for non-performance. Party A wants to clarify B’s defence before witness statements are exchanged. What should Party A do?
A. Apply for summary judgment to strike out B’s defence
B. File an application for a court order to compel a response
C. Serve a written request for further information on Party B
D. Wait until trial and cross-examine Party B
C – Serve a written request for further information on Party B
Explanation: A CPR 18 request is the appropriate step to clarify vague or incomplete pleadings before considering court applications.
How must a response to a CPR 18 request be given?
A. Orally at a case management conference
B. In writing, dated, signed, and verified by a statement of truth
C. In a written witness statement, served within 7 days
D. In the form of an affidavit sworn before a solicitor
B – In writing, dated, signed, and verified by a statement of truth
Explanation: The response must be written, dated, signed, and include a statement of truth as required under 18 PD 2.
A party makes a CPR 18 request, and the opponent fails to respond within the set time limit. What is the best next step?
A. Apply to court for an order compelling a response
B. Issue default judgment against the non-responding party
C. Wait until trial and raise the failure to respond as evidence
D. Apply to the court for relief from sanctions
A – Apply to court for an order compelling a response
Explanation: If a party fails to respond, an application to the court can be made for an order compelling compliance under CPR 18.1.
A claimant serves a CPR 18 request asking the defendant to confirm whether it admits certain facts. The defendant believes the request is irrelevant. What should the defendant do?
A. Ignore the request, as it is not binding
B. Respond, objecting and giving reasons why it will not comply
C. Apply to strike out the claim
D. Provide the information but state it is not relevant
B – Respond, objecting and giving reasons why it will not comply
Explanation: A party can refuse to comply with a CPR 18 request if it is irrelevant or disproportionate but must provide written reasons for its objection under 18 PD 4.
Under CPR 18, what restriction can the court impose on information provided in response to a request?
A. It cannot be used for any purpose other than the current proceedings
B. It must be disclosed to all parties, including third parties
C. It cannot be used in witness statements or expert reports
D. It must be kept confidential and not shown to the judge
A – It cannot be used for any purpose other than the current proceedings
Explanation: CPR 18.2 allows the court to restrict further use of information obtained under a CPR 18 request, limiting its application to the case at hand.
A claimant requests further information from the defendant under CPR 18. The defendant argues that responding would be too costly and disproportionate. What should the defendant do?
A. Refuse to respond and ignore any further correspondence
B. Apply to the court for an order striking out the request
C. Respond in writing, objecting and providing reasons
D. Comply with the request but include a request for costs
C – Respond in writing, objecting and providing reasons
Explanation: If complying would be disproportionate or unduly expensive, the defendant must formally object and provide written reasons (18 PD 4).
When can a court grant an order under CPR 18 without a hearing?
A. Never, as all CPR 18 applications require a hearing
B. Only if both parties consent in writing
C. Only in small claims track cases
D. If the other party fails to respond within 14 days
D – If the other party fails to respond within 14 days
Explanation: If a party does not respond within 14 days, the requesting party can apply without notice, and the court may grant the order without a hearing (18 PD 5).
