Syllabus Area 11 - Further Information Flashcards
When can the Court order further information?
Court can order any time.
How can you request further info?
Either voluntarily or requested or ordered by court
What kind of SOC can you obtain further information?
All of them
What kind of information can it be?
Anything in SOC (CF+POC) or outside it AS LONG AS necessary and proportionate for clarification.
Why would parties want this?
a party may wish to request further information on a subject not sufficiently in the details.
What are the types of things requested?
Admissions, seek clarity of parties positions/case, gain further information on matter, narrow issues and in multi track cases, in a directions case management conference usually requests for further information.
What should be in the initial request before ordering a court order?
Request must include date to respond, should be concise to matters which are necessary and proportionate in a single comprehensive document
If you want to request it voluntarily, how do you go about this?
Before making a request to the Court, party seeking further info should serve on other party a written request for clarification or information stating a date which response should be served.
What is the test for further information?
Request must be necessary and proportionate.
What if the party does not respond?
Party is entitled to apply to court for ordering requesting the party to reply and if not a Part 18.
What should the response to further information have to be valid?
Response must be written, dated and signed by party WITH statement of truth + copies served on every party/filed at court
What if party voluntarily declines to give further info?
Applications to court - must only be made to court if voluntary request of further information is not resolved.
What part is an application made under?
Part 18
What must be included in the Part 18?
An application notice, draft order + evidence served on all parties.
What is the time frame for a Part 18 application?
if party has not responded after 14 days, application can be made without notice to opponent and court can deal with application without hearing.
What kind of request is a request for further information under Part 18?
It is dealt with like an interim application.
What are the considerations likely to be when requesting further info?
Likely benefit of information, parties financial positions to comply with and the cost.
What are the restrictions on further information?
Court may order that this further information can only be used in proceedings within the current ones for no other purpose
What happens if party objects to providing further info?
If objects, no need to apply to court to say this, but party must explain why disproportionate costs and reasons.
What is the courts discretion as to further info?
Courts power is not limited to the SOC (CF+POC) - can order information as long as necessary and proportionate.
What must there always be?
SOT
What if party is not able to comply within the timeframe?
Must inform party within deadline and when they can comply by.
What can the court order in terms of costs?
The court may make a summary assessment or no costs order.
