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Part 18 Requests Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Part 18 Requests document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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Part 18 Requests (Civil Lit Book Chapter 7 and Appendix D7)General?A Part 18 Request should include:

Format?It may be set out in either a letter (provided it is clearly headed as a Part 18 Request) or a separate formal document (PD 18.1.4)In writing, dated and signed by the party or his legal representative (PD

18.2.1) If request was made in a letter, the response can also be in a letter provided it identifies itself as such (PD 18.2.2) If request was made in a formal document, the reply must comply with the PD 18.2.3 requirements: o Name of the court, title and claim number o Identify itself as a response to the Part 18 Request o Repeat the text of each paragraph of the Request and set out under each paragraph the response to it o File at court and serve on all the parties o Verified by a statement of truth (PD 18.3)ResponseThe party failing to reply at all or within the permitted time period must comply with PD 18.4.1: o inform the first party promptly and in within that time o explaining why they cannot/will not replyThe applicant can apply for a court order forcing the respondent to reply to the Part 18 Request It will only be granted where the court is satisfied that the request is confined to matters that are reasonably necessary and proportionate to enable the applicant to prepare his case

No Response Given

How to deal with the Response received to a Request for Further Information

A reasonable date by which the other must respond (PD 18.1.1) Concise and strictly confined to matters (PD 18.1.2) A single comprehensive document and not piecemeal (PD 18.1.3) The requirements under PD 18.1.6: o Name of the court, title and claim number o Headed with 'Part 18 Request' o Identify applicant, respondent and date it is made o Separate numbered paragraphs?

Applicant's Options

CPR r.18.1: the court may at any time order a party to (a) give clarification or (b) additional information to the other party, irrespective of whether the matter was referred to in a statement of case. T&F NOTE The Part 18 Request needs not be verified by a statement of truth, however, the response to the request does. Part 22 requires a response to be verified by a statement of truth PD 18.1.1: before applying to the court, the party seeking the info must first serve a written request on the other party (This Written Request is known as a Part 18 Request)?

T&F NOTE Once the relevant party (usually the claimant) provides their Response to the Part 18 Request in the appropriate form: there is no requirement that the defendant serve a Reply to the Response, and if they do, the permission of the court is not required. However here it is likely that they he will want to address the allegation that for example the Claimant failed to mitigate his losses.

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