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Further Information Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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Further Information
CPR 18.1-18.2

18.1, Obtaining further information
-(1) the court may at any time order a party to [[(a) clarification; (b) information]]:
a) clarify any matter which is in dispute in the proceedings; or b) give additional information in relation to any such matter
-whether or not the matter is contained/referred to in a statement of case.
-(2) para (1) is subject to any rule to the contrary.
-(3) where court makes order under (1) above, the party against whom the order is made must, within the time specified by the court:
a) file his response; and b) serve it on the other parties.
-Part 22: requires a response to be verified by statement of truth. (PD 18, para 3 ?
note definition of statement of case in Part 2).
-Part 53: further info re defamation.

18.2, Restriction on the use of further information
-The court may direct that info provided by a party to another party (whether given voluntarily OR following an order under rule 18.1) ? must not be used for any purpose except for that of the proceedings in which it is given.
PD 18 (further information), paras 1-5
Preliminary Request for Further Info or Clarification [Para 1]
-Before making an application to court for an order under Part 18: the party seeking clarification or information (the first party) should FIRST serve on the party from whom it is sought (the second party) a written request ('a Request') for that clarification/information

The request should: stating a date by which the response to the Request should be served.
o The date must allow the 2nd party a reasonable time to respond
-a Request should be: concise; and strictly confined to the matters which are reasonably necessary & proportionate to enable the first party to prepare his own case or understand the case he has to meet.
-Requests must be made as far as possible in a single comprehensive document; not piecemeal.
-A Request may be made by letter IF the text is brief and the reply is likely to be brief; if not brief ? Request should be made in a separate doc.
-If the Request is made in a letter, in order to distinguish it from any other letter that might routinely be written in course of a case, the letter should:
o state that it contains a Request made under Part 18; and

deal with no other matters than the Request.
-A Request (whether by letter or separate doc) MUST:
o be headed with name of court and the title & number of claim;

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