Requests for Further Information about a Statement of Case Flashcards
if a party is unsure about another party’s position or wishes to clarify matters in the other party’s SoC, what options does it have?
make a request for further information under CPR 18
can a party make a CPR 18 request to clarify information that is not contained in the other party’s SoC?
yes - the request can be made for any matter in dispute in the proceedings
what is the test for a CPR 18 request?
a request should be concise and strictly confined to matters which are reasonably necessary and proportionate to enable the first party to prepare his own case or understand the case he has to meet
(examples = D provided bare denials in defence or C did not provide details of an allegation in PoC)
how can a party make a CPR 18 request? (2 steps)
FIRST = make a written request to the opposing party to provide the information on a voluntary basis stating the date for response (usually 14 days) and allowing reasonable time for response
if the opposing party refuses or does not respond within a reasonable time
SECOND = make an interim application to the court asking it to order the other party to respond
what are the court’s powers under CPR 18?
court has the power to order a party to clarify a matter which is in dispute in the proceedings and give additional information in relation to such matter (whether or not it is contained in the SoC)
how can an application under CPR 18 be made?
- treat this as an interim application
- if respondent does not respond after 14 days, the application can be made without notice to the respondent and the court can deal with the application without a hearing
- if the court makes an order, the other party must file and serve their response + verified by a statement of truth
what are the considerations that a party making a CPR 18 request because of a defective statement of case must have regard to? (4)
- costs = even if a court application is required, costs of a CPR 18 request are less compared to alternative strategies of strike out or summary judgement when faced with defective SoC
- prospects of success = a written request may prompt a response from the other party if coupled with a threat of application to the court if they do not reply (whereas alternatives may be risky and prospects of success are uncertain depending on the merit)
- timing = a written request may prompt a response within a reasonable time (14 days) - whereas alternatives may take longer as they require court input
- benefits of the request
what are the benefits of making a CPR 18 request? (7)
- response will form part of responding party’s SoC going forward (and they are prevented from departing from this later on)
- information may allow the claim to proceed more clearly
- information may narrow issues thus saving costs and time
- information may allow the requesting party to improve their case
- information may reveal weaknesses in the other party’s case
- information may clarify the other party’s case
- information may provide advance details on what witnesses might say before exchange of witness statements
if your client receives a request for further information from the opposing party, what must it do?
consider if you want to respond
- if party wants to respond = response must be written, dated, signed by the party or legal rep, and include a statement of truth + sent to other party and filed at court
- if party wants to object = must inform the requesting party within the timeframe and give reasons for objecting
why might a party want to object to comply with a written request for further information under CPR 18?
- request can only be complied with at disproportionate expense
- matters are irrelevant
- matters are privileged
- request deals with evidence not reasonably necessary by the party at this stage of the proceedings to deal with the case against it (e.g., if request is before disclosure)
