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Summary Civil Litigation - Obtaining Further Information Notes
Civil Litigation Syllabus Notes on Obtaining Further Information, used in conjunction with the White Book from BPTC 2019/2020.
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By: zylan1 • 1 year ago
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SYLLABUS 9 FURTHER INFOCPR: Part 18
18.1 Obtaining further information
The court may at any time order a party to (subject to any rule of law to the contrary) —
clarify any matter which is in dispute in the proceedings or give additional information in
relation to any such matter, whether or not the matter is contained or referred to in a
statement of case.
Where the court makes such order, the party against whom it is made must— file his
response (verified by SOT) and serve it on the other parties within the time specified by the
court.
18.2 Restriction on the use of further information
The court may direct that information provided by a party to another party (whether
voluntarily or following an order made r18.1) must not be used for any purpose except for
that of the proceedings in which it is given.
PD 18
Para 1 Preliminary Request for Further Information or Clarification
1.1 Before making an application to the court for an order under Pt18, 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 for that clarification or information (a Request)
stating a date by which the response to the Request should be served (the date must allow
the second party a reasonable time to respond).
1.2 A Request should be concise and strictly confined to matters reasonably necessary
and proportionate to enable the first party to prepare his own case or to understand the
case he has to meet.
1.3 Requests must be made as far as possible in a single comprehensive document and
not piecemeal.
1.4 A Request may be made by letter if the text of the Request is brief and the reply is
likely to be brief; otherwise the Request should be made in a separate document.
1.5 If a Request is made in a letter, the letter should, in order to distinguish it from any
other that might routinely be written in the course of a case,
(1) state that it contains a Request made under P18 and
(2) deal with no matters other than the Request.
1.6 (1) A Request (whether made by letter or in a separate document) must—
(a) be headed with the name of the court and the title and number of the claim,
(b) in its heading state that it is a Request made under Pt18, identify the first party and the
second party and state the date on which it is made,
(c) set out in a separate numbered para each request for information or clarification,
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