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Requests For Further Information Notes

BPTC Law Notes > BPTC Civil Ligitation Notes

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A more recent version of these Requests For Further Information notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Civil Ligitation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

REQUESTS FOR FURTHER INFORMATION WHEN APPROPRIATE

? can be made: (a) by court of own motion (inquiries into facts, for information for case management); OR

(b) by a party (to clarify issues, facts relied on)
? CANNOT be used for: (a) (b) (c) (d) (e)

seeking information about other party's financial support (insurance) tactical reasons obtaining explanation of matters clear in SoC seeking explanations of other side's legal case obtaining info for reasons unconnected with present litigation

Principles

? OO - request should be reasonably necessary and proportionate (less drastic alternative to strike out)

? court may direct that information gained following request can only be used in current proceedings, especially if sensitive information 2 types of request

(a) request for further information about SoCs (b) request for clarification of facts in case o will be disallowed if: i. ii. iii. iv.

fishing expedition unfair purpose seek oppressive level of detail unnecessary for saving costs

THE REQUEST FOR FURTHER INFORMATION

? first party - party seeking information
? second party - party from whom information sought
? request must be: (a) concise; AND (b) for information reasonably necessary and proportionate to enable first party to prepare its case or understand case to be met

1. Preliminary request

? first party serves second party with written request, stating date by which response should be served (must allow reasonable time to respond)

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