Part 18 Requests for Further Information
Part 18 Requests for Further Information
A party may seek further information or seek clarification of another parties case, if a request is made to clarify or to give further information under Part 18 Civil Procedure Rules (CPR).
Part 18 requests for further information can be made in the form of a letter, otherwise it should be made in a separate document, if it is made in a letter it needs to distinguish itself from a standard letter by stating that it contains a request under Part 18 and deals with no other matters other than the request.
Part 18 Requests for Further Information must be:
- Headed with the name of the court and title number of the claim;
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State that it is a request under Part 18, identify the parties and state the date on which it is made;
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Set out in numbered paragraphs each request for information or point of clarification;
- Where a request relates to a document, it must identify that document and if relevant to which paragraph or words it relates;
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Specify a date to which the party requests a response to it request.
Responding to a request:
A Part 18 Requests for Further Information response must be in writing and signed by the party or legal representative.
- If a request is made in a letter a second party may give a response to a letter or a formal reply, such a letter should identify itself as a response to the request and that it deals with no further matters other than the response;
- a letter in response as described in paragraph 1.6(2) , the response must
- be headed with the name of the court title and number of the claim;
- identify each of the respondents to that request
- repeat the text of each separate paragraph of the Request and set out under each paragraph the response to it;
- refer to and have attached to it a copy of any document not already in the possession of the first party which forms part of a response
- a response should be verified by a Statement of Truth.
If a party objects to reply to a request it must notify the other side promptly and in any event within the time stated in the letter or separate document, but it must give reasons and where relevant specify a date in which they expect to reply.
It is open for the second party to apply to the court over an objection to a request, or is unable to do so, then he needs to notify his objections if he thinks the request can only be complied with at disproportionate expense and if he objects for that reason then he needs to specify so, and give reasons why he has that view.
Applications for orders under Part 18
When an application is made it should set out the text of the order sort in specific matters in respect of the application or information sort. If a request for information has not been made then the application should explain why not.
If a request has been made then the application, notice or evidence in support of the application should describe the response if any.
If the second party has not responded to the request at all then the court can make an order without a hearing, such an order can only be made if 14 days have passed since the request was served and the time stated in the correspondence has expired.
But under other circumstances the application must be served on the second party.